Date: Tue, 04 Feb 1997 17:02:47 -0700 Subject: HB-506 The NM Non-Discrimination Act 0001 | HOUSE BILL 506 | 0002 | 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003 | INTRODUCED BY | 0004 | PATSY G. TRUJILLO | 0005 | | 0006 | | 0007 | | 0008 | | 0009 | | 0010 | AN ACT | 0011 | RELATING TO HUMAN RIGHTS; MAKING IT UNLAWFUL TO DISCRIMINATE | 0012 | BASED UPON SEXUAL ORIENTATION; AMENDING AND ENACTING SECTIONS OF | 0013 | THE HUMAN RIGHTS ACT. | 0014 | | 0015 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016 | Section 1. Section 28-1-1 NMSA 1978 (being Laws 1969, | 0017 | Chapter 196, Section 1) is amended to read: | 0018 | "28-1-1. SHORT TITLE.--[[-This act-]] [+Chapter 28, Article 1+] | 0019 | [+NMSA 1978+] may be cited as the "Human Rights Act"." | 0020 | Section 2. Section 28-1-2 NMSA 1978 (being Laws 1969, | 0021 | Chapter 196, Section 2, as amended) is amended to read: | 0022 | "28-1-2. DEFINITIONS.--As used in the Human Rights Act: | 0023 | A. "person" means one or more individuals, a | 0024 | partnership, association, organization, corporation, joint | 0025 | venture, legal representative, trustees, receivers or the state | 0001 | and all of its political subdivisions; | 0002 | B. "employer" means any person employing four or | 0003 | more persons and any person acting for an employer; | 0004 | C. "commission" means the human rights commission; | 0005 | D. "director" means the director of the human rights | 0006 | division of the labor department; | 0007 | E. "employee" means any person in the employ of an | 0008 | employer or an applicant for employment; | 0009 | F. "labor organization" means any organization | 0010 | [[-which-]] [+that+] exists for the purpose in whole or in part of | 0011 | collective bargaining or of dealing with employers concerning | 0012 | grievances, terms or conditions of employment or of other mutual | 0013 | aid or protection in connection with employment; | 0014 | G. "employment agency" means any person regularly | 0015 | undertaking with or without compensation to procure | 0016 | opportunities to work or to procure, recruit or refer employees; | 0017 | H. "public accommodation" means any establishment | 0018 | that provides or offers its services, facilities, accommodations | 0019 | or goods to the public, but does not include a bona fide private | 0020 | club or other place or establishment [[-which-]] [+that+] is by its | 0021 | nature and use distinctly private; | 0022 | I. "housing accommodation" means any building or | 0023 | portion of a building [[-which-]] [+that+] is constructed or to be | 0024 | constructed [[-which-]] [+that+] is used or intended for use as the | 0025 | residence or sleeping place of any individual; | - 2 - 0001 | J. "real property" means lands, leaseholds or | 0002 | commercial or industrial buildings, whether constructed or to be | 0003 | constructed, offered for sale or rent, and any land rented or | 0004 | leased for the use, parking or storage of house trailers; | 0005 | K. "secretary" means the secretary of labor; | 0006 | L. "unlawful discriminatory practices" means those | 0007 | unlawful practices and acts specified in Section 28-1-7 NMSA | 0008 | 1978; | 0009 | M. "physical or mental handicap" means a physical or | 0010 | mental impairment that substantially limits one or more of an | 0011 | individual's major life activities. An individual is also | 0012 | considered to be physically or mentally handicapped if he has a | 0013 | record of a physical or mental handicap or is regarded as having | 0014 | a physical or mental handicap; | 0015 | N. "major life activities" means functions such as | 0016 | caring for one's self, performing manual tasks, walking, seeing, | 0017 | hearing, speaking, breathing, learning and working; [[-and-]] | 0018 | O. "applicant for employment" means a person | 0019 | applying for a position as an employee; [+and+] | 0020 | [+ P. "sexual orientation" means heterosexuality,+] | 0021 | [+homosexuality or bisexuality, whether actual or perceived+]." | 0022 | Section 3. Section 28-1-7 NMSA 1978 (being Laws 1969, | 0023 | Chapter 196, Section 7, as amended) is amended to read: | 0024 | "28-1-7. UNLAWFUL DISCRIMINATORY PRACTICE.--It is an | 0025 | unlawful discriminatory practice for: | - 3 - 0001 | A. an employer, unless based on a bona fide | 0002 | occupational qualification, to refuse to hire, to discharge, to | 0003 | promote or demote or to discriminate in matters of compensation, | 0004 | terms, conditions or privileges of employment against any person | 0005 | otherwise qualified because of race, age, religion, color, | 0006 | national origin, ancestry, sex, [+sexual orientation+], physical or | 0007 | mental handicap or serious medical condition; provided, however, | 0008 | that 29 U.S.C. Section 631(c)(1) and (2) shall apply to | 0009 | discrimination based on age; | 0010 | B. a labor organization to exclude an individual or | 0011 | to expel or otherwise discriminate against any of its members or | 0012 | against any employer or employee because of race, religion, | 0013 | color, national origin, ancestry, sex, [+sexual orientation+], | 0014 | physical or mental handicap or serious medical condition; | 0015 | C. any employer, labor organization or joint | 0016 | apprenticeship committee to refuse to admit or employ any | 0017 | individual in any program established to provide an | 0018 | apprenticeship or other training or retraining because of race, | 0019 | religion, color, national origin, ancestry, sex, [+sexual+] | 0020 | [+orientation+], physical or mental handicap or serious medical | 0021 | condition; | 0022 | D. any person, employer, employment agency or labor | 0023 | organization to print or circulate or cause to be printed or | 0024 | circulated any statement, advertisement or publication, to use | 0025 | any form of application for employment or membership or to make | - 4 - 0001 | any inquiry regarding prospective membership or employment | 0002 | [[-which-]] [+that+] expresses, directly or indirectly, any limitation, | 0003 | specification or discrimination as to race, color, religion, | 0004 | national origin, ancestry, sex, [+sexual orientation+], physical or | 0005 | mental handicap or serious medical condition unless based on a | 0006 | bona fide occupational qualification; | 0007 | E. an employment agency to refuse to list and | 0008 | properly classify for employment or refer an individual for | 0009 | employment in a known available job, for which the individual is | 0010 | otherwise qualified, because of race, religion, color, national | 0011 | origin, ancestry, sex, [[-or-]] [+sexual orientation+], physical or | 0012 | mental handicap [+or serious medical condition+], unless based on a | 0013 | bona fide occupational qualification, or to comply with a | 0014 | request from an employer for referral of applicants for | 0015 | employment if the request indicates either directly or | 0016 | indirectly that the employer discriminates in employment on the | 0017 | basis of race, religion, color, national origin, ancestry, sex, | 0018 | [+sexual orientation+], physical or mental handicap or serious | 0019 | medical condition unless based on a bona fide occupational | 0020 | qualification; | 0021 | F. any person in any public accommodation to make a | 0022 | distinction, directly or indirectly, in offering or refusing to | 0023 | offer its services, facilities, accommodations or goods to any | 0024 | individual because of race, religion, color, national origin, | 0025 | ancestry, sex, [+sexual orientation+] or physical or mental | - 5 - 0001 | handicap, provided that the physical or mental handicap is | 0002 | unrelated to an individual's ability to acquire or rent and | 0003 | maintain particular real property or housing accommodation; | 0004 | G. any person to: | 0005 | (1) refuse to sell, rent, assign, lease or | 0006 | sublease or offer for sale, rental, lease, assignment or | 0007 | sublease any housing accommodation or real property to any | 0008 | individual or to refuse to negotiate for the sale, rental, | 0009 | lease, assignment or sublease of any housing accommodation or | 0010 | real property to any individual because of race, religion, | 0011 | color, national origin, ancestry, sex, [+sexual orientation+] or | 0012 | physical or mental handicap, provided that the physical or | 0013 | mental handicap is unrelated to an individual's ability to | 0014 | acquire or rent and maintain particular real property or housing | 0015 | accommodation; | 0016 | (2) discriminate against any individual in the | 0017 | terms, conditions or privileges of the sale, rental, assignment, | 0018 | lease or sublease of any housing accommodation or real property | 0019 | or in the provision of facilities or services in connection | 0020 | therewith because of the race, religion, color, national origin, | 0021 | ancestry, sex, [+sexual orientation+] or physical or mental | 0022 | handicap, provided that the physical or mental handicap is | 0023 | unrelated to an individual's ability to acquire or rent and | 0024 | maintain particular real property or housing accommodation; or | 0025 | (3) print, circulate, display or mail or cause | - 6 - 0001 | to be printed, circulated, displayed or mailed any statement, | 0002 | advertisement, publication or sign or use any form of | 0003 | application for the purchase, rental, lease, assignment or | 0004 | sublease of any housing accommodation or real property or to | 0005 | make any record or inquiry regarding the prospective purchase, | 0006 | rental, lease, assignment or sublease of any housing | 0007 | accommodation or real property [[-which-]] [+that+] expresses any | 0008 | preference, limitation or discrimination as to race, religion, | 0009 | color, national origin, ancestry, sex, [+sexual orientation+] or | 0010 | physical or mental handicap, provided that the physical or | 0011 | mental handicap is unrelated to an individual's ability to | 0012 | acquire or rent and maintain particular real property or housing | 0013 | accommodation; | 0014 | H. any person to whom application is made either for | 0015 | financial assistance for the acquisition, construction, | 0016 | rehabilitation, repair or maintenance of any housing | 0017 | accommodation or real property or for any type of consumer | 0018 | credit, including financial assistance for the acquisition of | 0019 | any consumer good as defined by Section 55-9-109 NMSA 1978, to: | 0020 | (1) consider the race, religion, color, | 0021 | national origin, ancestry, sex, [+sexual orientation+] or physical | 0022 | or mental handicap of any individual in the granting, | 0023 | withholding, extending, modifying or renewing or in the fixing | 0024 | of the rates, terms, conditions or provisions of any financial | 0025 | assistance or in the extension of services in connection with | - 7 - 0001 | the request for financial assistance; or | 0002 | (2) use any form of application for financial | 0003 | assistance or to make any record or inquiry in connection with | 0004 | applications for financial assistance [[-which-]] [+that+] expresses, | 0005 | directly or indirectly, any limitation, specification or | 0006 | discrimination as to race, religion, color, national origin, | 0007 | ancestry, sex, [+sexual orientation+] or physical or mental | 0008 | handicap; | 0009 | I. any person or employer to: | 0010 | (1) aid, abet, incite, compel or coerce the | 0011 | doing of any unlawful discriminatory practice or to attempt to | 0012 | do so; | 0013 | (2) engage in any form of threats, reprisal or | 0014 | discrimination against any person who has opposed any unlawful | 0015 | discriminatory practice or has filed a complaint, testified or | 0016 | participated in any proceeding under the Human Rights Act; or | 0017 | (3) willfully obstruct or prevent any person | 0018 | from complying with the provisions of the Human Rights Act or to | 0019 | resist, prevent, impede or interfere with the commission or any | 0020 | of its members, staff or representatives in the performance of | 0021 | their duties under the Human Rights Act; or | 0022 | J. any employer to refuse or fail to accommodate to | 0023 | an individual's physical or mental handicap or serious medical | 0024 | condition, unless such accommodation is unreasonable or an undue | 0025 | hardship." | - 8 - 0001 | Section 4. A new section of the Human Rights Act is | 0002 | enacted to read: | 0003 | "[[+NEW MATERIAL+]] QUOTAS PROHIBITED.--A person, employer, | 0004 | employment agency or organization shall not use the provisions | 0005 | of the Human Rights Act to adopt or implement a quota on the | 0006 | basis of sexual orientation." | 0007 | Section 5. Section 28-1-9 NMSA 1978 (being Laws 1969, | 0008 | Chapter 196, Section 8, as amended) is amended to read: | 0009 | "28-1-9. EXEMPTIONS.--Nothing contained in the Human | 0010 | Rights Act shall: | 0011 | A. apply to any single-family dwelling sold, leased, | 0012 | subleased or rented by an owner without the making of any | 0013 | notice, statement or advertisement with respect to the sale, | 0014 | lease, sublease or rental of a dwelling unit that indicates any | 0015 | preference, limitation or discrimination based on race, color, | 0016 | religion, national origin, ancestry, [[-or-]] sex [+or sexual+] | 0017 | [+orientation+]. This exemption is subject to these further | 0018 | reservations: | 0019 | (1) to qualify for the exemption, the seller | 0020 | must not be an owner of or own or have reserved any interest in | 0021 | more than three single-family dwellings; and | 0022 | (2) if the seller [[-doesn't-]] [+does not+] presently | 0023 | live in the dwelling or he was not the most recent occupant, | 0024 | then the exemption granted in this section [[-will-]] [+shall+] only | 0025 | apply to one sale in twenty-four months; | - 9 - 0001 | B. bar any religious or denominational institution | 0002 | or organization [[-which-]] [+that+] is operated, [[-or-]] supervised or | 0003 | controlled by or [+that+] is operated in connection with a religious | 0004 | or denominational organization from limiting admission to or | 0005 | giving preference to persons of the same religion or | 0006 | denomination or from making selections of buyers, lessees or | 0007 | tenants as are calculated by the organization or denomination to | 0008 | promote the religious or denominational principles for which it | 0009 | is established or maintained, unless membership in the religious | 0010 | or denominational organization is restricted on account of race, | 0011 | color, national origin or ancestry; | 0012 | [+C. bar any religious or denominational institution+] | 0013 | [+or organization that is operated, supervised or controlled by or+] | 0014 | [+that is operated in connection with a religious or+] | 0015 | [+denominational organization from imposing discriminatory+] | 0016 | [+employment or renting practices that are based upon sexual+] | 0017 | [+orientation; provided, that the provisions of the Human Rights+] | 0018 | [+Act with respect to sexual orientation shall apply to any other:+] | 0019 | [+ (1) for-profit activities of a religious or+] | 0020 | [+denominational institution or organization subject to the+] | 0021 | [+provisions of Section 511 (a) of the Internal Revenue Code of+] | 0022 | [+1986, as amended; or+] | 0023 | [+ (2) nonprofit activities of a religious or+] | 0024 | [+denominational institution or organization subject to the+] | 0025 | [+provisions of Section 501 (c)(3) of the Internal Revenue Code of+] | - 10 - 0001 | [+1986, as amended;+] | 0002 | [+ D. apply to the determination of qualifications,+] | 0003 | [+with respect to the sexual orientation of employees or+] | 0004 | [+volunteers, by a nonpublic service organization whose primary+] | 0005 | [+function is to provide occasional services to minors. For the+] | 0006 | [+purposes of this subsection, "nonpublic service organization"+] | 0007 | [+includes:+] | 0008 | [+ (1) youth sports organizations;+] | 0009 | [+ (2) scouting organizations;+] | 0010 | [+ (3) boys' or girls' clubs;+] | 0011 | [+ (4) programs that provide friends, counselors+] | 0012 | [+or role models for minors; +] | 0013 | [+ (5) youth theaters;+] | 0014 | [+ (6) dance, music or artistic organizations for+] | 0015 | [+minors; and+] | 0016 | [+ (7) agricultural organizations for minors;+] | 0017 | [+ +][[-C.-]] [+E.+] apply to rooms or units in dwellings | 0018 | containing living quarters occupied or intended to be occupied | 0019 | by no more than four families living independently of each | 0020 | other, if the owner actually maintains and occupies one of the | 0021 | living quarters as his residence; | 0022 | [[-D.-]] [+F.+] apply to public restrooms, public showers, | 0023 | public dressing facilities or sleeping quarters in public | 0024 | institutions, where the preference or limitation is based on | 0025 | sex; and | - 11 - 0001 | [[-E.-]] [+G.+] prevent the mandatory retirement of an | 0002 | employee upon reaching the age of sixty-five years or older, if | 0003 | the employer is operating under a retirement plan [[-which-]] [+that+] | 0004 | meets the requirements of Public Law 93-406, the Employee | 0005 | Retirement Income Security Act of 1974." | 0006 | Section 6. EFFECTIVE DATE.--The effective date of the | 0007 | provisions of this act is July 1, 1997.[++] | 0008 | [+ +]- 12 - |