New Mexico reasonable‑accommodation requirements

Coverage & definitions

The New Mexico Human Rights Act (NMSA § 28-1-1 et seq.) applies to employers with four or more employees, well below the federal ADA’s 15. “Disability” is a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having one.

Since May 20, 2020, the Act has separately required accommodation of pregnancy, childbirth or related conditions under § 28-1-7, at the same four-employee threshold.

Reasonable‑accommodation duties

Employers must provide reasonable accommodations to qualified employees and applicants with disabilities unless doing so would impose an undue hardship. Examples include modified schedules, accessible facilities, assistive technology, and job restructuring.

For pregnancy, employers must provide reasonable accommodations for conditions related to pregnancy, childbirth or a related condition unless they demonstrate undue hardship. An employer may not deny employment opportunities because of the need for an accommodation, and may not require an employee to take leave if another reasonable accommodation can be provided.

Notice, documentation & the interactive process

Employers may request documentation where a disability or pregnancy-related need is not obvious, limited to confirming the condition and the need, and must keep it confidential. A timely, good-faith interactive process is required; there is no fixed statutory deadline. New Mexico’s Healthy Workplaces Act provides paid sick leave at every employer size and runs alongside accommodation duties.

Enforcement & penalties

Complaints are filed with the New Mexico Human Rights Bureau within 300 days. The Bureau investigates and may conciliate; a civil action is available after the administrative stage. Remedies include back pay, reinstatement, actual damages, and attorney fees.

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Practical tips for employers

• Apply the four-employee state threshold, not the ADA’s 15.
• Never push a pregnant employee onto leave when another accommodation would work.
• Coordinate paid sick leave with the accommodation process.
• Note the 300-day filing window when setting record-retention periods.

This guide is provided for general informational purposes only and does not constitute legal advice. Employment laws change frequently and vary by jurisdiction. Consult qualified employment counsel before acting on any information here. Last reviewed: September 2026.