New Mexico Expands Human Rights Act to Prohibit Gender and Gender Identity Discrimination
By Joel Riley
New Mexico's HB 207 expands the Human Rights Act to include updated definitions for sex, gender, sexual orientation, gender identity, and disability. Effective June 16, 2023.
What Changed
New Mexico enacted House Bill 207 (HB 207), which expands the New Mexico Human Rights Act to prohibit discrimination based on gender and gender identity. The law revises and updates the definitions of sex, gender, sexual orientation, gender identity, and disability to be more inclusive and provide clearer protections.
Additionally, HB 207 extends the scope of the Human Rights Act to cover all state departments, agencies, institutions, political subdivisions (such as counties and cities), and public contractors. Previously, a loophole allowed some public entities to fall outside the law's coverage.
Who Is Affected
All employers covered by the New Mexico Human Rights Act, including:
Private employers
State and local government employers
Public contractors
Employment agencies
The expanded definitions apply to all employment decisions: hiring, firing, promotion, compensation, and terms and conditions of employment.
Where It Applies
New Mexico statewide.
When It Takes Effect
June 16, 2023.
Why It Matters
The updated definitions provide stronger and clearer protections for LGBTQ+ individuals in the workplace. By closing the loophole for public entities and contractors, the law ensures uniform coverage across all sectors. Employers should update their EEO policies to reflect the modernized definitions.
The Humareso Take
New Mexico's update is a modernization effort that strengthens existing protections and closes gaps. If your New Mexico policies already covered gender identity and expression, this is a good time to verify your language matches the updated statutory definitions. If you are a public contractor, pay particular attention — the law now explicitly covers you.
Recommended Action Steps
Update your EEO and anti-discrimination policies to include gender and gender identity as protected characteristics using language consistent with the updated definitions.
Revise your employee handbook for New Mexico operations.
Public contractors: Verify that your non-discrimination policies and contract compliance materials reflect the expanded scope.
Contact your Humareso representative for updated New Mexico compliance policy templates.
✅ Recommended Action Steps
Originally posted by Joel Riley on 2023-07-06T16:35:45.833Z in Humareso Team > Compliance channel.