AMERICANS WITH DISABILITIES ACT
Equal Employment Opportunity
Age discrimination involves treating someone (an applicant, candidate, or employee) less favorably because of age. The Age Discrimination in Employment Act (ADEA) only forbids age discrimination against people who are age 40 or older. It does not protect workers under the age of 40. It is also not illegal for an employer or other covered entity to favor an older worker over a younger one, even if both workers are age 40 or older.
Disability discrimination occurs when an employer or other entity covered by the Americans with Disabilities Act (ADA), as amended, or the Rehabilitation Act, as amended, treats a qualified individual with a disability who is an employee, applicant, or candidate unfavorably because of a disability. Disability discrimination also occurs when a covered employer or other entity treats an applicant or employee less favorably because of someone having a history of a disability (such as cancer that is controlled or in remission) or because someone is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor, even if someone does not have such an impairment.
The New Mexico Human Rights Act also prohibits discrimination based on a serious medical condition.
Under Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), it is illegal to discriminate against employees or applicants or candidates because of genetic information. Title II of GINA prohibits the use of genetic information in making employment decisions, restricts employers and other entities covered by Title II (employment agencies, labor organizations and joint labor-management training and apprenticeship programs – referred to as “covered entities”) from requesting, requiring or purchasing genetic information, and strictly limits the disclosure of genetic information.
National origin discrimination generally involves treating people (applicants, candidates, or employees) unfavorably because they are from a particular country or part of the world, because of ethnicity or accent, or because they appear to be of a certain ethnic background (even if they are not). National origin discrimination also can involve treating people unfavorably because they are married to (or associated with) a person of a certain national origin or because of their connection with an ethnic organization or group.
Race discrimination involves treating someone (an applicant, candidate, or employee) unfavorably because he/she is of a certain race or because of personal characteristics associated with race (such as hair texture, skin color, or certain facial features). Color discrimination involves treating someone unfavorably because of skin color complexion. Race/color discrimination also can involve treating someone unfavorably because the person is married to (or associated with) a person of a certain race or color or because of a person’s connection with a race-based organization or group, or an organization or group that is generally associated with people of a certain color. Discrimination can occur when the victim and the person who inflicted the discrimination are the same race or color.
Religious discrimination involves treating a person (an applicant, candidate, or employee) unfavorably because of their religious beliefs. The law protects not only people who belong to traditional, organized religions, such as Buddhism, Christianity, Hinduism, Islam, and Judaism, but also others who have sincerely held religious, ethical or moral beliefs. Religious discrimination can also involve treating someone differently because that person is married to (or associated with) an individual of a particular religion or because of their connection with a religious organization or group.
Sex discrimination involves treating someone (an applicant, candidate, or employee) unfavorably because of that person’s sex. Sex discrimination also can involve treating someone less favorably because of their connection with an organization or group that is generally associated with people of a certain sex.
EEOC interprets Title VII’s prohibition of sex discrimination as forbidding any employment discrimination based on gender identity or sexual orientation.
The New Mexico Human Rights Act prohibits discrimination based on sexual orientation and gender identity.
Pregnancy discrimination is discrimination against women who are pregnant or affected by pregnancy-related conditions. They must be treated in the same manner as other applicants, candidates, or employees with similar abilities or limitations.