New Mexico State Employment Laws
The state of New Mexico has restrictions on what can be reported in a background screening report beyond what the Fair Credit Reporting Act (FCRA) dictates.
| Restriction | Explanation |
|---|---|
| Ban the Box: State Public Employees | A board, department or agency of the state or city or county may not make an inquiry regarding a conviction on an initial application for employment and can only take into consideration a conviction after the applicant has been selected as a finalist for the position. See the statute here for more information. Notable Exceptions: The Criminal Offender Employment Act is not applicable to any law enforcement agency. |
| Ban the Box | Employers are prohibited from making inquiries regarding an applicant's history of arrest or conviction on an employment application, but may take into consideration an applicant's conviction after review of the applicant's application and upon discussion of employment with the applicant. See the statute here for more information. |
| Use of Social Media Password Information | An employer may not request or require a prospective employee to provide a password in order to gain access to the prospective employee's account or profile on a social networking web site or to demand access in any manner to a prospective employee's account or profile on a social networking web site. See the statute here for more information. |