The New Mexico Human Rights Act (N.M. Stat. §28‑1‑1 et seq.) covers most employers with four or more employees, including state and local government agencies. Employees, job applicants, and former employees are protected against discrimination on the basis of disability. Under the Act, "reasonable accommodation" refers to adjustments or modifications that allow a qualified individual with a disability to perform essential job functions, unless the accommodation would impose an undue hardship on the employer. “Disability” is broadly defined as a physical or mental impairment that substantially limits one or more major life activities.
Employers must provide reasonable accommodations when requested by individuals with disabilities under the New Mexico Human Rights Act (N.M. Stat. §28‑1‑1 et seq.). Examples of reasonable accommodations include modifying work schedules, making facilities accessible, acquiring assistive devices, restructuring job duties, or granting leave for medical treatment. Employers are required to explore effective solutions that address the employee's limitations unless the accommodation is too costly or disruptive for the business’s operations.
When an accommodation request is made, employers should promptly begin an interactive process. This involves dialog between the employer and the employee to clarify needs and possible solutions. Employers may request documentation verifying the disability and necessity of the accommodation, but requests should be limited to information relevant to the need for adjustment. While the law does not set strict timelines, best practice is to respond to requests within a reasonable period, usually within 10–15 business days. Delays without justification can expose the employer to risk.
Complaints related to accommodation denials or delays can be filed with the New Mexico Department of Workforce Solutions, Human Rights Bureau. The Bureau investigates claims and may facilitate mediation. If a violation is found, employers may be subject to remedies such as compensation for lost wages, hiring or reinstatement orders, and corrective actions. Continued non-compliance or willful violations can result in additional fines and public reporting of enforcement actions.
Managing accommodation requests under New Mexico Human Rights Act (N.M. Stat. §28‑1‑1 et seq.) can be tedious—multiple forms, interactive‑process deadlines, and cross‑department coordination all add complexity.
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- Train managers and HR staff regularly on New Mexico’s accommodation procedures.
- Maintain clear documentation of all requests, conversations, and outcomes.
- Communicate promptly and empathetically with employees throughout the interactive process.
- Avoid requesting excessive medical details—only ask for information necessary to determine the right accommodation.
- Regularly review your policies to catch outdated practices that might create risk.
Common pitfalls include ignoring verbal accommodation requests, delaying responses, or prematurely rejecting requests without considering alternatives. Building a transparent and accessible process can reduce misunderstandings and prevent complaints.
