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New Mexico law

Civil Rights Laws in New Mexico.

The New Mexico Human Rights Act (NMHRA) is New Mexico's principal civil-rights statute, administered by the New Mexico Human Rights Bureau of the Department of Workforce Solutions. NMHRA covers employment, housing, public accommodations, and credit. New Mexico was an early adopter of sexual-orientation protections (2003) and gender-identity protections (2003). The New Mexico Civil Rights Act (2021, HB 4) is a significant state-law analog to § 1983 with no qualified immunity defense and a cap of $2 million per claim — one of the first state statutes to eliminate state-law qualified immunity.

Last verified: 2026-04-17

State law

Statute of Limitations

300 days (NM Human Rights Bureau)NMSA 1978 § 28-1-10

Discrimination complaints must be filed with the New Mexico Human Rights Bureau within 300 days.

State law

Key New Mexico Statutes

New Mexico Human Rights ActNMSA 1978 §§ 28-1-1 et seq.

Prohibits discrimination in employment, housing, public accommodations, and credit based on race, age (40+), religion, color, national origin, ancestry, sex (including pregnancy), sexual orientation, gender identity, spousal affiliation, medical condition, physical and mental handicap, and (in specified contexts) serious medical condition.

New Mexico Civil Rights Act (HB 4, 2021)NMSA 1978 §§ 41-4A-1 et seq.

State-law cause of action against public bodies and employees for violations of rights protected under the New Mexico Constitution. NO qualified immunity defense available — one of the first state statutes to eliminate qualified immunity. Damages capped at $2 million per claim. Attorney fees available.

Fair Pay for Women ActNMSA 1978 §§ 28-23-1 et seq.

Prohibits pay discrimination based on sex and retaliation for discussing wages. Employers covered: those with 4+ employees.

Sexual Orientation / Gender Identity (Early Adoption)NMSA 1978 § 28-1-7 (as amended 2003)

New Mexico added sexual orientation and gender identity as protected classes in 2003.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in New Mexico.

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