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New Mexico

Regulatory Strength: ‏‏ Moderate ‏
Effective as of June 14th, 2013

Protected groups:

  • Gender

Applicable to:

  • Private and public companies with four (4) or more employees*
  • May cover state and local government employees*

HR practices:

  • Employer cannot retaliate against employees who file a complaint or testify regarding pay discrimination

Defenses/Rebuttals:

  • Employee accepting a low wage is not an acceptable defense for differences in pay

Remedies:

  • Back pay:
    • Up to three (3) times the amount of back pay awarded
    • Up to six (6) years of back pay may be awarded
  • Employer is liable for plaintiff attorney fees

Please click HERE for access to NM Stat § 28-23-3, Fair Pay for Women.
*see law for specific inclusions/exclusions

Last revised 08/23/2019

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