New Mexico has indeed followed in many state’s footsteps and enacted a ban the box measure. On April 3, 2019, New Mexico’s Governor Grisham signed Senate Bill 96, the “Criminal Offender Employment Act” into law, however it will go into effect mid-June 2019.
This bill prohibits private employers from inquiring about a job applicant’s history of arrest or conviction on the job application, however, an employer may take into consideration an applicant’s conviction after review of the application and upon discussion of employment with the applicant.
A potential employer can notify an applicant that the law or the employer’s policy could disqualify certain applicants who have certain criminal history from employment in certain positions.
Applicants may seek relief under the Human Rights Act if an employer has violated this bill.
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For more information regarding recent legislative changes in other states and jurisdictions, visit our Legislative Updates page.
*Please note: Accurate prepared these materials for informational purposes only. These materials are not intended to be comprehensive, and are not a substitute for, and should not be construed as, legal advice. Accurate does not warrant any statements in these materials. Employers should direct questions involving their organization’s compliance with or interpretation or application of laws or regulations and any additional legal requirements that may apply, to their own legal counsel.