New Mexico Return to Office Mandate 2026
⚠️Informational only — not legal or tax advice.
Last Updated: January 2026
Applicable Period: 2026 and current employment regulations
Key Characteristic: No state-specific return to office mandate for private sector employers; at-will employment framework applies in New Mexico
Table of Contents
Introduction
New Mexico does not have a state-level return to office mandate for private sector employers. Private employers in New Mexico operate under the state’s at-will employment framework, which is established through common law and judicial decisions rather than specific statutory provisions.
This guide compiles official information published by the New Mexico Department of Workforce Solutions, the Human Rights Bureau, the New Mexico Legislature, and other government agencies regarding employment law protections, employee rights under the New Mexico Human Rights Act, and reasonable accommodation processes that apply in employment contexts, including return to office situations.
Sources: New Mexico Department of Workforce Solutions, Human Rights Bureau, New Mexico Legislature, New Mexico Administrative Code, U.S. Equal Employment Opportunity Commission
Applicable Legal Framework -New Mexico
1.1 At-Will Employment Doctrine
New Mexico follows the at-will employment doctrine as established through common law and judicial decisions. Unlike some states that have codified at-will employment in statute, New Mexico’s at-will principle derives from case law.
According to the New Mexico Court of Appeals:
“An employment agreement for an indefinite period is presumed to be terminable at will unless the parties have otherwise agreed.”
Source: Lopez v. Kline, 1998-NMCA-016, ¶ 10, 124 N.M. 539, 953 P.2d 304
Available at: New Mexico Compilation Commission, New Mexico case law database
The New Mexico Supreme Court has explained that at-will employment provides employers with discretion in managing their workforce while balancing employee protections established by statute.
Source: New Mexico case law
Principle: At-will employment presumption applies unless modified by contract or limited by statutory exceptions
Exceptions to At-Will Employment
New Mexico courts recognize several exceptions to the at-will employment doctrine:
1. Express or implied employment contracts that limit the employer’s ability to terminate
2. Public policy exceptions where termination violates clear mandates of public policy
3. Statutory protections against discrimination and retaliation
According to the New Mexico Court of Appeals:
“New Mexico courts have recognized two other exceptions to the at-will employment rule: (1) ‘wrongful termination under facts disclosing unlawful retaliatory discharge’ or (2) ‘where the facts disclose the existence of an implied employment contract provision that limits the employer’s authority to discharge.'”
Source: Lopez v. Kline, 1998-NMCA-016, ¶ 11, 124 N.M. 539, 953 P.2d 304
1.2 No State-Specific Return to Office Mandate
As of January 6, 2026, the New Mexico Legislature has not enacted specific statutes or executive orders governing return to office mandates for private sector employers.
Legislative research conducted:
- Website: New Mexico Legislature (nmlegis.gov)
- Search date: January 6, 2026
- Search terms: “return to office,” “remote work mandate,” “telework requirements,” “workplace location”
- Result: No relevant legislation identified
Executive order research conducted:
- Website: Office of the Governor, Executive Orders Archive (governor.state.nm.us)
- Search date: January 6, 2026
- Result: No executive orders mandating private sector return to office policies found
Private sector employers in New Mexico operate under the at-will employment framework, subject to:
- Anti-discrimination protections under the New Mexico Human Rights Act (NMSA 1978, §§ 28-1-1 to 28-1-14)
- Federal anti-discrimination laws (Title VII, ADA, ADEA)
- Disability accommodation requirements under state and federal law
- Employment contract obligations (when applicable)
- Collective bargaining agreements (when applicable)
- Public policy exceptions to at-will employment
- Anti-retaliation protections for engaging in protected activities
Competent Government Agencies
2.1 New Mexico Department of Workforce Solutions – Human Rights Bureau
The Human Rights Bureau operates within the Labor Relations Division of the New Mexico Department of Workforce Solutions. The Bureau enforces the New Mexico Human Rights Act and has a work-sharing agreement with the federal Equal Employment Opportunity Commission (EEOC).
Official name: Human Rights Bureau, Labor Relations Division
Parent agency: New Mexico Department of Workforce Solutions
Physical address:
2600 Cerrillos Road
Santa Fe, NM 87505
Telephone:
Main: (505) 827-6838
Toll-free in New Mexico: 1-800-566-9471
Email: Human.RightsInfo@dws.nm.gov
Official website: https://www.dws.state.nm.us/Filing-a-Charge-of-Discrimination
Online inquiry portal: https://hrb.dws.state.nm.us/
Function:
According to the New Mexico Department of Workforce Solutions:
“The Bureau enforces the provisions of the Human Rights Act of 1969 (and subsequent amendments), which prohibits discrimination and retaliation in the areas of employment, housing, credit, and public accommodations.”
Source: New Mexico Department of Workforce Solutions
Available at: https://www.dws.state.nm.us/Filing-a-Charge-of-Discrimination
The Bureau also enforces federal workplace anti-discrimination laws under a work-sharing agreement with the EEOC, including:
- Title VII of the Civil Rights Act of 1964
- Age Discrimination in Employment Act of 1967 (ADEA)
- Americans with Disabilities Act of 1990 (ADA), as amended
Filing deadline: Complaints must be filed with the Bureau within 300 days of the last act of discrimination or harassment.
Source: New Mexico Department of Workforce Solutions, HRB Inquiry Form
Available at: https://www.dws.state.nm.us/Portals/0/DM/LaborRelations/HRB_Inquiry_Form_022019.pdf
2.2 New Mexico Human Rights Commission
The Human Rights Commission is an independent body comprised of eleven citizens appointed by the Governor to conduct hearings involving discrimination complaints.
Function:
According to New Mexico Administrative Code 9.1.1 NMAC:
“‘Commission’ means the human rights commission.”
The Commission conducts administrative hearings on discrimination complaints after investigation by the Human Rights Bureau and failure of conciliation efforts.
Source: New Mexico Administrative Code, 9.1.1.7 NMAC
Available at: https://www.srca.nm.gov/parts/title09/09.001.0001.html
2.3 State Personnel Office
The State Personnel Office administers and oversees the classified service personnel system for New Mexico state employees.
Official name: State Personnel Office
Parent agency: New Mexico General Services Department
Official website: https://www.spo.state.nm.us/
Function:
The State Personnel Office is responsible for the administration and oversight of the classified service personnel system and has jurisdiction over personnel matters of state employees.
Source: New Mexico Public Employees Labor Relations Board
Available at: https://www.pelrb.nm.gov/faq/
Note: The State Personnel Office has jurisdiction over state employee matters. It does not have jurisdiction over private sector employment.
2.4 EEOC Albuquerque Area Office
The U.S. Equal Employment Opportunity Commission enforces federal anti-discrimination laws. The Albuquerque Area Office serves New Mexico.
Office name: EEOC Albuquerque Area Office
Physical address:
505 Marquette Avenue NW, Suite 900
Albuquerque, NM 87102
Telephone:
1-800-669-4000
TTY: 1-800-669-6820
Official website: https://www.eeoc.gov/field-office/albuquerque/location
Online filing portal: https://publicportal.eeoc.gov/
Function:
The EEOC enforces federal laws prohibiting employment discrimination, including:
- Title VII of the Civil Rights Act of 1964 (race, color, religion, sex, national origin)
- Age Discrimination in Employment Act (age 40 and over)
- Americans with Disabilities Act (disability)
- Equal Pay Act (sex-based wage discrimination)
- Genetic Information Nondiscrimination Act (genetic information)
Filing deadline for New Mexico residents:
300 days from the discriminatory act (because New Mexico has a work-sharing agreement with EEOC through the Human Rights Bureau)
Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/
2.5 New Mexico Department of Workforce Solutions – Wage and Hour Division
The Wage and Hour Division enforces New Mexico labor laws regarding wages, hours, and working conditions.
Physical address:
401 Broadway NE
Albuquerque, NM 87102
Mailing address:
PO Box 1928
Albuquerque, NM 87103
Telephone: (505) 841-4400
Official website: https://www.dws.state.nm.us/
Function:
The Division enforces New Mexico wage and hour laws, including protections against retaliation for asserting rights under wage and hour statutes.
According to NMSA 1978, § 50-4-26.1, it is unlawful for an employer to:
“Discharge or in any other manner discriminate against any employee because the employee has made a complaint to the employer or to the [labor] workforce solutions department that the employer has engaged in conduct that the employee, reasonably and in good faith, believes violates the provisions of the Minimum Wage Act.”
Source: New Mexico Statutes Annotated § 50-4-26.1
Available at: https://www.nmlegis.gov/
Applicable Statutes - Compilation
3.1 New Mexico Human Rights Act
Official title: New Mexico Human Rights Act
Statutory citation: NMSA 1978, §§ 28-1-1 to 28-1-14
Originally enacted: 1969 (Laws 1969, Chapter 196)
Amendments: Multiple amendments through 2025
Full text available at: https://www.nmlegis.gov/
Employer Coverage
According to NMSA 1978, § 28-1-2(B):
“’employer’ means any person employing four or more persons and any person acting for an employer”
Minimum employer size: 4 or more employees
Source: New Mexico Statutes Annotated § 28-1-2(B)
Note: This threshold is lower than the federal standard of 15 employees for Title VII coverage
Protected Classes
The New Mexico Human Rights Act prohibits discrimination in employment based on the following protected characteristics:
According to NMSA 1978, § 28-1-7, protected classes include:
- Race
- Color
- Religion
- National origin
- Ancestry
- Sex
- Sexual orientation
- Gender identity
- Spousal affiliation (for employers with 50+ employees)
- Age (40 years and older)
- Physical or mental disability
- Serious medical condition
- Pregnancy, childbirth, or condition related to pregnancy or childbirth
Source: New Mexico Statutes Annotated § 28-1-7
Available at: https://www.nmlegis.gov/
Definition of Physical or Mental Disability
According to NMSA 1978, § 28-1-2 (as amended):
“‘physical or mental disability’ means a physical or mental impairment that substantially limits one or more of a person’s major life activities. A person is also considered to have a mental or physical disability if the person has a record of a physical or mental disability or is regarded as having a physical or mental disability”
Source: New Mexico Statutes Annotated § 28-1-2
Major Life Activities
According to NMSA 1978, § 28-1-2:
“‘major life activities’ means functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working”
Source: New Mexico Statutes Annotated § 28-1-2
3.2 Unlawful Discriminatory Practices in Employment
According to NMSA 1978, § 28-1-7(A), it is an unlawful discriminatory practice for an employer to:
“(1) refuse to hire, to discharge, to promote or demote or to discriminate in matters of compensation, terms, conditions or privileges of employment against any person otherwise qualified because of race, age, religion, color, national origin, ancestry, sex, physical or mental handicap, serious medical condition or spousal affiliation; or
(2) print or circulate or cause to be printed or circulated any statement, advertisement or publication, use any form of application for employment or make any inquiry in connection with prospective employment that expresses, directly or indirectly, any limitation, specification or discrimination as to race, color, religion, national origin, ancestry, sex, sexual orientation, gender identity, spousal affiliation, physical or mental handicap or serious medical condition unless based upon a bona fide occupational qualification”
Source: New Mexico Statutes Annotated § 28-1-7(A)
Available at: https://www.nmlegis.gov/
3.3 Reasonable Accommodation Requirement
According to NMSA 1978, § 28-1-7(J):
“[It is an unlawful discriminatory practice for] any employer to refuse or fail to accommodate a person’s physical or mental disability or serious medical condition, unless such accommodation is unreasonable or an undue hardship”
Source: New Mexico Statutes Annotated § 28-1-7(J)
According to NMSA 1978, § 28-1-7(K):
“[It is an unlawful discriminatory practice for] any employer to refuse or fail to make reasonable accommodation for an employee or job applicant with a need arising from pregnancy, childbirth or condition related to pregnancy or childbirth”
Source: New Mexico Statutes Annotated § 28-1-7(K)
3.4 Anti-Retaliation Protections
According to NMSA 1978, § 28-1-7(I)(2), it is an unlawful discriminatory practice to:
“engage in any form of threats, reprisal or discrimination against any person who has opposed any unlawful discriminatory practice or has filed a complaint, testified or participated in any proceeding under the Human Rights Act”
Source: New Mexico Statutes Annotated § 28-1-7(I)(2)
3.5 Federal Anti-Discrimination Statutes
Federal anti-discrimination laws also apply to New Mexico employers meeting federal coverage thresholds:
Title VII of the Civil Rights Act of 1964
Citation: 42 U.S.C. § 2000e et seq.
Protected classes: Race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin
Employer threshold: 15 or more employees
Enforced by: Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/
Americans with Disabilities Act (ADA)
Citation: 42 U.S.C. § 12101 et seq.
Protected class: Disability
Employer threshold: 15 or more employees
Reasonable accommodation required: Yes, unless undue hardship
Enforced by: Equal Employment Opportunity Commission
Available at: https://www.ada.gov/
Age Discrimination in Employment Act (ADEA)
Citation: 29 U.S.C. § 621 et seq.
Protected class: Age 40 and older
Employer threshold: 20 or more employees
Enforced by: Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/
Pregnancy Discrimination Act
Citation: Amendment to Title VII, 42 U.S.C. § 2000e(k)
Protected class: Pregnancy, childbirth, related medical conditions
Employer threshold: 15 or more employees
Enforced by: Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/
3.6 Comparison: State vs. Federal Anti-Discrimination Laws
New Mexico Human Rights Act:
- Statute: NMSA 1978, §§ 28-1-1 to 28-1-14
- Protected Classes: Race, color, religion, national origin, ancestry, sex, sexual orientation, gender identity, age (40+), disability, serious medical condition, pregnancy, spousal affiliation (50+ employees)
- Employer Coverage: 4 or more employees
- Enforcement Agency: Human Rights Bureau, New Mexico Department of Workforce Solutions
- Official Source: https://www.nmlegis.gov/
Title VII (Federal):
- Statute: 42 U.S.C. § 2000e et seq.
- Protected Classes: Race, color, religion, sex, national origin
- Employer Coverage: 15 or more employees
- Enforcement Agency: Equal Employment Opportunity Commission
- Official Source: https://www.eeoc.gov/
Americans with Disabilities Act (Federal):
- Statute: 42 U.S.C. § 12101 et seq.
- Protected Classes: Disability
- Employer Coverage: 15 or more employees
- Enforcement Agency: Equal Employment Opportunity Commission
- Official Source: https://www.ada.gov/
Age Discrimination in Employment Act (Federal):
- Statute: 29 U.S.C. § 621 et seq.
- Protected Classes: Age 40 and older
- Employer Coverage: 20 or more employees
- Enforcement Agency: Equal Employment Opportunity Commission
- Official Source: https://www.eeoc.gov/
3.7 Other Relevant New Mexico Employment Statutes
Workers’ Compensation Anti-Retaliation
According to NMSA 1978, § 52-1-28.2:
Employers are prohibited from discriminating or retaliating against employees for filing workers’ compensation claims.
Source: New Mexico Statutes Annotated § 52-1-28.2
Occupational Safety and Health Act Protections
According to NMSA 1978, § 50-9-25:
Employees have the right to file complaints regarding workplace safety and health violations without retaliation.
Source: New Mexico Statutes Annotated § 50-9-25
Wage and Hour Anti-Retaliation
According to NMSA 1978, § 50-4-26.1:
Employers cannot retaliate against employees for asserting rights under the Minimum Wage Act or assisting others in doing so.
Source: New Mexico Statutes Annotated § 50-4-26.1
Reasonable Accommodations - Official Framework
4.1 New Mexico State Law Requirements
The New Mexico Human Rights Act requires employers with four or more employees to provide reasonable accommodations for employees with disabilities or serious medical conditions, unless such accommodation would constitute an undue hardship.
According to NMSA 1978, § 28-1-7(J):
“[It is an unlawful discriminatory practice for] any employer to refuse or fail to accommodate a person’s physical or mental disability or serious medical condition, unless such accommodation is unreasonable or an undue hardship”
Source: New Mexico Statutes Annotated § 28-1-7(J)
Available at: https://www.nmlegis.gov/
Coverage Comparison: State vs. Federal
New Mexico Human Rights Act:
- Minimum employer size: 4 or more employees
- Covers: Physical or mental disability, serious medical condition
- Standard: Reasonable accommodation unless unreasonable or undue hardship
Americans with Disabilities Act (Federal):
- Minimum employer size: 15 or more employees
- Covers: Disability
- Standard: Reasonable accommodation unless undue hardship
Result: New Mexico law provides broader coverage than federal ADA by applying to smaller employers (4+ vs. 15+ employees).
4.2 What Constitutes a Reasonable Accommodation
According to the U.S. Equal Employment Opportunity Commission, reasonable accommodations may include:
- Modifications to the work environment or manner in which duties are performed
- Adjustments to work schedules
- Reassignment to a vacant position
- Acquisition or modification of equipment or devices
- Modifications to policies and procedures
- Remote work or telework arrangements (when not an undue hardship)
Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/
Important Note Regarding Remote Work:
According to EEOC guidance, remote work may be a reasonable accommodation for individuals with disabilities when:
- The job can be performed remotely without undue hardship
- The employer has previously allowed or currently allows remote work for other employees
- Remote work effectively accommodates the employee’s disability-related limitations
Source: EEOC, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws”
Available at: https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws
4.3 Interactive Process
While New Mexico statutes do not explicitly mandate a specific “interactive process,” the EEOC provides guidance on the accommodation process that applies to federal law and informs state law obligations.
Recommended Steps Based on Federal Guidance:
Step 1: Employee Requests Accommodation
An employee with a disability or serious medical condition may request an accommodation. The request does not need to be in writing or use specific legal terminology.
Step 2: Employer Evaluates Request
The employer should:
- Acknowledge the request promptly
- Gather information about the employee’s limitations
- Identify essential job functions
- Consult with the employee about potential accommodations
Step 3: Medical Documentation (if needed)
The employer may request medical documentation to verify:
- The existence of a disability or serious medical condition
- The need for accommodation
- Functional limitations that require accommodation
Step 4: Identify and Implement Accommodation
The employer should:
- Consider the employee’s preferred accommodation
- Explore alternative accommodations if the preferred option poses undue hardship
- Implement an effective accommodation
Step 5: Monitor and Adjust
The accommodation process may be ongoing. Employers should:
- Check whether the accommodation is effective
- Make adjustments as needed
- Respond to new accommodation requests
Source: U.S. Equal Employment Opportunity Commission guidance
Available at: https://www.eeoc.gov/
4.4 Undue Hardship Defense
Employers may deny a requested accommodation if it would impose an “undue hardship.” Under the ADA, undue hardship means:
“Significant difficulty or expense when considered in light of factors such as an employer’s size, financial resources, and the nature and structure of its operation.”
Factors considered in undue hardship analysis:
- Nature and cost of the accommodation
- Overall financial resources of the facility and employer
- Impact on facility operations
- Impact on other employees’ ability to perform duties
- Type of operation, including workforce composition and structure
Source: 42 U.S.C. § 12111(10); 29 C.F.R. § 1630.2(p)
Available at: https://www.ada.gov/
Important: Undue hardship is a high standard. General preferences, minor inconveniences, or concerns about employee morale typically do not constitute undue hardship.
4.5 Pregnancy Accommodation
New Mexico law specifically requires reasonable accommodation for pregnancy-related needs.
According to NMSA 1978, § 28-1-7(K):
“[It is an unlawful discriminatory practice for] any employer to refuse or fail to make reasonable accommodation for an employee or job applicant with a need arising from pregnancy, childbirth or condition related to pregnancy or childbirth”
Source: New Mexico Statutes Annotated § 28-1-7(K)
Examples of pregnancy accommodations may include:
- Modified work schedules
- Temporary transfer to less strenuous or hazardous work
- Seating
- More frequent breaks
- Assistance with manual labor
- Light duty assignments
- Remote work (when feasible)
Source: EEOC Enforcement Guidance on Pregnancy Discrimination
Available at: https://www.eeoc.gov/
4.6 Requesting Accommodations
For accommodation requests, employees should:
- Submit request to employer (written recommended but not required)
- Clearly state the limitation or medical condition requiring accommodation
- Suggest specific accommodation(s) if possible
- Provide medical documentation if requested by employer
- Engage in interactive dialogue with employer
If accommodation denied:
File a discrimination complaint with:
- New Mexico Human Rights Bureau (within 300 days)
- EEOC (within 300 days if also pursuing federal claim)
Contact Information:
New Mexico Human Rights Bureau
2600 Cerrillos Road
Santa Fe, NM 87505
Phone: (505) 827-6838
Toll-free: 1-800-566-9471
Email: Human.RightsInfo@dws.nm.gov
Online Portal: https://hrb.dws.state.nm.us/
Official Complaint Process
5.1 New Mexico Human Rights Bureau – State Agency
Filing Deadline
CRITICAL: Complaints must be filed with the Human Rights Bureau within 300 days of the last act of discrimination or harassment.
Source: New Mexico Statutes Annotated § 28-1-10
Available at: https://www.nmlegis.gov/
Also: New Mexico Department of Workforce Solutions, Human Rights Bureau
Available at: https://www.dws.state.nm.us/Filing-a-Charge-of-Discrimination
How to File a Complaint
Step 1: Complete Initial Discrimination Inquiry Form
According to the New Mexico Department of Workforce Solutions:
“If you feel you have been discriminated against based on any of the protected classes listed above, please do the following:
- Complete an initial Discrimination Inquiry Form by clicking the link below.
- A Civil Rights Investigator will review your Discrimination Inquiry and contact you.
- If appropriate, the investigator will help you file a formal Charge of Discrimination.”
Online filing:
- English: https://hrb.dws.state.nm.us/?lang=en
- Spanish: https://hrb.dws.state.nm.us/?lang=es
Alternative filing methods:
- By phone: (505) 827-6838 or toll-free 1-800-566-9471
- By mail: Human Rights Bureau, 2600 Cerrillos Road, Santa Fe, NM 87505
- By email: Human.RightsInfo@dws.nm.gov
Source: New Mexico Department of Workforce Solutions
Available at: https://www.dws.state.nm.us/Filing-a-Charge-of-Discrimination
Important Note for Represented Individuals:
According to the Department of Workforce Solutions:
“If you are represented by an attorney, please do not submit an Initial Discrimination Inquiry Form. Instead, your attorney should submit a formal Charge of Discrimination on your behalf—an EEOC Form 5 if you want your claims dual-filed, or a Human Rights Bureau Charge if you are only filing under the New Mexico Human Rights Act.”
Official Complaint Process
According to NMSA 1978, § 28-1-10, the complaint process follows these steps:
Step 1: Filing
A person claiming to be aggrieved by an unlawful discriminatory practice files a written complaint with the Human Rights Bureau.
Step 2: Investigation
The Bureau investigates the complaint to determine whether probable cause exists to believe discrimination occurred.
According to NMSA 1978, § 28-1-10(A):
“The bureau may receive and investigate complaints of alleged unlawful discriminatory practice; seek to eliminate discrimination through conciliation and persuasion by voluntary conferences with interested parties”
Step 3: Determination
The Director of the Human Rights Bureau makes a determination regarding probable cause.
Step 4: Conciliation
If probable cause is found, the Bureau attempts to resolve the matter through voluntary conciliation.
Step 5: Administrative Hearing
If conciliation fails, the Human Rights Commission may hold an administrative hearing.
Step 6: Final Order
The Commission may issue orders including:
- Cease and desist from discriminatory practice
- Reinstatement or hiring
- Back pay
- Compensation for damages
- Other appropriate relief
Source: New Mexico Statutes Annotated § 28-1-10 through § 28-1-13
Available at: https://www.nmlegis.gov/
Contact Information
New Mexico Human Rights Bureau
Physical Address:
2600 Cerrillos Road
Santa Fe, NM 87505
Telephone:
(505) 827-6838
Toll-free in New Mexico: 1-800-566-9471
Email: Human.RightsInfo@dws.nm.gov
Website: https://www.dws.state.nm.us/Filing-a-Charge-of-Discrimination
Online Portal: https://hrb.dws.state.nm.us/
Office Hours:
Monday through Friday, 8:00 AM to 5:00 PM (Mountain Time)
5.2 Equal Employment Opportunity Commission (EEOC) – Federal Agency
Filing Deadline
For New Mexico residents, the EEOC filing deadline is 300 days from the last discriminatory act due to the work-sharing agreement with the Human Rights Bureau.
Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/
Dual-Filing
New Mexico has a work-sharing agreement with the EEOC. According to the Human Rights Bureau:
“Under a work-sharing agreement with the U.S. Equal Employment Opportunity Commission, the Bureau also enforces provisions of federal workplace” anti-discrimination laws.
What this means:
- Filing with the Human Rights Bureau may automatically dual-file with EEOC
- Complainants should verify dual-filing status with investigator
- If not dual-filed, may need to file separately with EEOC
Source: New Mexico Department of Workforce Solutions
Available at: https://www.dws.state.nm.us/
How to File with EEOC
Online:
Public Portal: https://publicportal.eeoc.gov/
By Phone:
1-800-669-4000
TTY: 1-800-669-6820
In Person:
EEOC Albuquerque Area Office
505 Marquette Avenue NW, Suite 900
Albuquerque, NM 87102
Appointment recommended: Call 1-800-669-4000 to schedule
EEOC Process
Step 1: Intake and Charge Filing
Individual contacts EEOC and files a charge of discrimination.
Step 2: Employer Notification
EEOC notifies employer of the charge within 10 days.
Step 3: Investigation
EEOC investigates the allegations, which may include:
- Requesting documents from employer
- Interviewing witnesses
- Visiting the workplace
- Mediating between parties
Step 4: Determination
EEOC issues either:
- Cause determination: Reasonable cause to believe discrimination occurred
- No cause determination: Insufficient evidence
- Dismissal and Notice of Rights: Closes investigation and issues Right to Sue letter
Step 5: Conciliation or Litigation
If cause found:
- EEOC attempts conciliation
- If conciliation fails, EEOC may file lawsuit on behalf of charging party
- If EEOC declines to sue, issues Right to Sue letter
Step 6: Private Lawsuit
With Right to Sue letter, individual may file lawsuit in federal court within 90 days.
Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/filing-charge-discrimination
EEOC Albuquerque Area Office
Address:
505 Marquette Avenue NW, Suite 900
Albuquerque, NM 87102
Phone: 1-800-669-4000
TTY: 1-800-669-6820
Website: https://www.eeoc.gov/field-office/albuquerque/location
Public Portal: https://publicportal.eeoc.gov/
Coverage: Serves all of New Mexico
Published Official Documents
6.1 State-Specific Guidance Documents
Human Rights Act Enforcement Poster
Document: New Mexico Human Rights Act Enforcement
Published by: New Mexico Department of Workforce Solutions, Human Rights Bureau
Date: Revised July 2020
Summary: Official poster explaining protections under the New Mexico Human Rights Act and how to file complaints. Available in English and Spanish.
Link: https://www.dws.state.nm.us/Portals/0/DM/LaborRelations/human_rights_poster_2020.pdf
Format: PDF
Pages: 1 page (poster)
Discrimination Inquiry Form
Document: Human Rights Bureau Discrimination Inquiry Form
Published by: New Mexico Department of Workforce Solutions, Human Rights Bureau
Date: Revised February 2019
Summary: Official form to begin the complaint process with the Human Rights Bureau. Includes instructions for filing and information about protected classes and areas of discrimination.
Link: https://www.dws.state.nm.us/Portals/0/DM/LaborRelations/HRB_Inquiry_Form_022019.pdf
Format: PDF
Pages: 4 pages
New Mexico Administrative Code – Human Rights Bureau Procedures
Document: 9.1.1 NMAC – Administrative Procedures for the Human Rights Bureau/Commission
Published by: New Mexico State Records Center and Archives
Date: Effective January 1, 2020
Summary: Official administrative rules governing Human Rights Bureau and Commission procedures, including definitions, complaint procedures, hearing processes, and remedies.
Link: https://www.srca.nm.gov/parts/title09/09.001.0001.html
Format: HTML/Text
Sections: Comprehensive regulations
6.2 Federal Guidance Documents Applicable to New Mexico
EEOC Pandemic Resources
Document: What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws
Published by: U.S. Equal Employment Opportunity Commission
Date: Updated periodically through 2023-2024
Summary: Federal guidance on disability accommodations, including remote work, during and after the pandemic
Link: https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws
Format: HTML/Web page
Relevance: Informs reasonable accommodation analysis under both federal and New Mexico law
ADA: Reasonable Accommodation and Undue Hardship
Document: Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
Published by: U.S. Equal Employment Opportunity Commission
Date: October 17, 2002 (still current)
Summary: Comprehensive guidance on reasonable accommodation obligations under the ADA
Link: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada
Format: HTML/Web page
Relevance: Federal ADA principles inform New Mexico Human Rights Act obligations
6.3 Legislative Materials
New Mexico Human Rights Act – Current Version
Document: NMSA 1978, Sections 28-1-1 through 28-1-14
Published by: New Mexico Legislature
Date: Originally enacted 1969, multiple amendments through 2025
Summary: Full text of New Mexico Human Rights Act, including definitions, prohibited practices, enforcement procedures, and remedies
Link: https://www.nmlegis.gov/ (search “Human Rights Act” or “Chapter 28, Article 1”)
Format: HTML/Text
Sections: 14 sections
Recent Amendments to Human Rights Act
Notable Recent Legislation:
HB 207 (2023 Session):
- Extended scope of Human Rights Act to certain state actions
- Expanded protected classes to include “gender” as distinct from sex
- Made technical corrections
HB 25 (2024 Session):
- Added “source of income” as protected class in housing discrimination
- Made additional technical amendments
Source: New Mexico Legislature
Available at: https://www.nmlegis.gov/
Absence of Specific RTO Legislation
Legislative Research Results
As of January 6, 2026, searches of the New Mexico Legislature website reveal:
No specific statutes enacted governing return to office mandates for private sector employers.
Search conducted:
- Website: New Mexico Legislature (nmlegis.gov)
- Date: January 6, 2026
- Search terms used:
- “return to office”
- “remote work mandate”
- “telework requirements”
- “workplace location requirements”
- “remote work law”
Result: No relevant legislation identified for private sector employers
Executive Orders Search:
- Website: Office of the Governor, Executive Orders Archive
- Date: January 6, 2026
- Search scope: 2020-2026 executive orders
- Result: No executive orders found mandating private sector return to office policies
General Employment Framework Applies
In the absence of specific return to office legislation, private sector employers in New Mexico operate under the following general legal framework:
At-Will Employment:
Common law establishes at-will employment presumption, allowing employers to set workplace policies including work location requirements, subject to the following limitations:
Anti-Discrimination Laws:
- New Mexico Human Rights Act (NMSA 1978, §§ 28-1-1 to 28-1-14)
- Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.)
- Americans with Disabilities Act (42 U.S.C. § 12101 et seq.)
- Age Discrimination in Employment Act (29 U.S.C. § 621 et seq.)
Accommodation Requirements:
- NMSA 1978, § 28-1-7(J) (disability and serious medical condition)
- NMSA 1978, § 28-1-7(K) (pregnancy-related needs)
- Americans with Disabilities Act reasonable accommodation requirements
Anti-Retaliation Protections:
- NMSA 1978, § 28-1-7(I)(2) (Human Rights Act retaliation)
- NMSA 1978, § 52-1-28.2 (workers’ compensation retaliation)
- NMSA 1978, § 50-9-25 (OSHA-related retaliation)
- NMSA 1978, § 50-4-26.1 (wage and hour retaliation)
- Federal anti-retaliation provisions under Title VII, ADA, ADEA
Contract Obligations:
- Express employment contracts (when applicable)
- Implied contracts arising from employee handbooks or employer representations
- Collective bargaining agreements (when applicable)
Public Policy Exceptions:
- Retaliatory discharge claims for violations of clear public policy mandates
- Protections for whistleblowers and employees engaged in protected activities
Resources & Contacts
Government Agency Directory
New Mexico Department of Workforce Solutions – Human Rights Bureau
Physical Address: 2600 Cerrillos Road, Santa Fe, NM 87505
Telephone: Main: (505) 827-6838; Toll-free in New Mexico: 1-800-566-9471
Email: Human.RightsInfo@dws.nm.gov
Website: https://www.dws.state.nm.us/Filing-a-Charge-of-Discrimination
Online Portal: https://hrb.dws.state.nm.us/
Function: Enforces New Mexico Human Rights Act; investigates employment discrimination complaints; work-sharing agreement with EEOC
New Mexico Department of Workforce Solutions – Main Office
Physical Address: 401 Broadway NE, Albuquerque, NM 87102
Mailing Address: PO Box 1928, Albuquerque, NM 87103
Telephone: (505) 841-4400
Website: https://www.dws.state.nm.us/
Function: State workforce development; unemployment insurance; labor relations; wage and hour enforcement; apprenticeship programs
New Mexico State Personnel Office
Website: https://www.spo.state.nm.us/
Function: Administers state employee personnel system; oversees state employee policies
Equal Employment Opportunity Commission (EEOC) – Albuquerque Area Office
Physical Address: 505 Marquette Avenue NW, Suite 900, Albuquerque, NM 87102
Telephone: 1-800-669-4000; TTY: 1-800-669-6820
Website: https://www.eeoc.gov/field-office/albuquerque/location
Public Portal: https://publicportal.eeoc.gov/
Function: Enforces federal anti-discrimination laws (Title VII, ADA, ADEA, EPA, GINA)
New Mexico Workers’ Compensation Administration
Physical Address: 2410 Centre Avenue SE, Albuquerque, NM 87106
Mailing Address: PO Box 27198, Albuquerque, NM 87125-7198
Telephone: (505) 841-6000; Toll-free: 1-866-WORKOMP (1-866-967-5667)
Website: https://www.workerscomp.nm.gov/
Function: Oversees workers’ compensation system; return-to-work programs; employer compliance
U.S. Department of Labor – Wage and Hour Division
Albuquerque District Office
Physical Address: 500 4th Street NW, Suite 401, Albuquerque, NM 87102
Telephone: (505) 248-6364
Website: https://www.dol.gov/agencies/whd
Function: Enforces federal wage and hour laws including FLSA, FMLA
Office of the Governor – Michelle Lujan Grisham
Physical Address: New Mexico State Capitol, 490 Old Santa Fe Trail, Room 400, Santa Fe, NM 87501
Telephone: (505) 476-2200
Website: https://www.governor.state.nm.us/
Function: Executive branch leadership; policy initiatives; executive orders
Key Publications and Resources
New Mexico Legislature – Statutes and Bills
Website: https://www.nmlegis.gov/
Resources Available:
- Full text of New Mexico Statutes Annotated (NMSA 1978)
- Current and archived session bills
- Legislative calendars and committee assignments
- Bill status and tracking
Relevant Statutes:
- New Mexico Human Rights Act: NMSA 1978, §§ 28-1-1 to 28-1-14
- Workers’ Compensation: NMSA 1978, Chapter 52
- Wage and Hour: NMSA 1978, §§ 50-4-1 et seq.
- Occupational Safety: NMSA 1978, §§ 50-9-1 et seq.
New Mexico Administrative Code
Website: https://www.srca.nm.gov/
Resources Available:
- Administrative rules and regulations
- Agency procedures and standards
- Title 9 (Labor Relations): Human Rights Bureau procedures
New Mexico State Bar – Lawyer Referral Service
Website: https://www.nmbar.org/
Phone: (505) 797-6000; Toll-free: 1-800-876-6227
Function:
- Lawyer referral service for legal representation
- Modest means program for qualifying individuals
- Legal resources and information
Note: For legal advice on specific employment situations, consult a licensed New Mexico employment attorney
New Mexico Legal Aid
New Mexico Legal Aid, Inc.
Statewide intake: 1-866-416-1934
Website: https://www.newmexicolegalaid.org/
Locations: Albuquerque, Santa Fe, Las Cruces, Roswell, Farmington
Eligibility: Low-income individuals meeting income guidelines
Services: Civil legal assistance including some employment matters
ADA National Network – Rocky Mountain ADA Center
Website: https://rockymountainada.org/
Toll-free: 1-800-949-4232
Function: Information and guidance on ADA compliance and disability rights
Legal Assistance Resources
For General Information (Not Legal Advice):
New Mexico Department of Workforce Solutions – Human Rights Bureau
Phone: (505) 827-6838 or 1-800-566-9471
Website: https://www.dws.state.nm.us/
U.S. Equal Employment Opportunity Commission
Phone: 1-800-669-4000
Website: https://www.eeoc.gov/
For Legal Advice on Specific Situations:
State Bar of New Mexico – Lawyer Referral Service
Phone: (505) 797-6000 or 1-800-876-6227
Website: https://www.nmbar.org/
Note: Government agencies provide information and enforcement assistance but do not provide legal advice. For advice tailored to your specific circumstances, consult a licensed employment attorney in New Mexico.
Frequently Asked Questions - RTO mandate New Mexico
What is New Mexico’s return to office mandate?
New Mexico does not have a state-level return to office mandate for private sector employers. Private employers in New Mexico can require employees to return to in-person work under the state’s at-will employment framework.
Private sector employers must comply with anti-discrimination laws and reasonable accommodation requirements when implementing return to office policies, but face no specific state mandate regarding workplace location.
Applicable laws:
- New Mexico Human Rights Act (NMSA 1978, §§ 28-1-1 to 28-1-14)
- Federal anti-discrimination laws (Title VII, ADA, ADEA)
- Reasonable accommodation requirements
- Employment contracts and collective bargaining agreements
- Public policy protections against retaliatory discharge
Source: New Mexico Legislature; New Mexico Department of Workforce Solutions
Available at: https://www.nmlegis.gov/; https://www.dws.state.nm.us/
Does New Mexico have any RTO legislation for private employers?
No. As of January 6, 2026, New Mexico has not enacted specific statutes or executive orders governing return to office mandates for private sector employers.
Private employers in New Mexico can set their own workplace policies, including return to office requirements, under the at-will employment doctrine. However, these policies must comply with:
- New Mexico Human Rights Act (NMSA 1978, §§ 28-1-1 to 28-1-14)
- Federal anti-discrimination laws (Title VII, ADA, ADEA)
- Reasonable accommodation requirements for disabilities, serious medical conditions, and pregnancy
- Employment contracts and collective bargaining agreements
- Public policy protections against retaliatory discharge
Source: New Mexico Legislature; New Mexico case law
Available at: https://www.nmlegis.gov/
Can my employer require me to return to the office in New Mexico?
Generally, yes. New Mexico follows the at-will employment doctrine, meaning employers can typically require employees to work in-person unless:
1. You have an employment contract that guarantees remote work or specifies work location
2. You have a collective bargaining agreement that addresses remote work or requires specific procedures for policy changes
3. You qualify for a reasonable accommodation due to:
- Disability (New Mexico Human Rights Act and ADA)
- Serious medical condition (New Mexico Human Rights Act)
- Pregnancy-related need (New Mexico Human Rights Act)
4. The return-to-office requirement discriminates against you based on a protected characteristic
5. The requirement violates public policy, such as retaliating against you for engaging in protected activity
According to NMSA 1978, § 28-1-7(J):
“[It is an unlawful discriminatory practice for] any employer to refuse or fail to accommodate a person’s physical or mental disability or serious medical condition, unless such accommodation is unreasonable or an undue hardship”
Source: New Mexico Statutes Annotated
Available at: https://www.nmlegis.gov/
If you believe your rights have been violated, you may file a complaint with the New Mexico Human Rights Bureau within 300 days.
What are my accommodation rights under New Mexico law?
Under the New Mexico Human Rights Act, employers with four or more employees must provide reasonable accommodations for:
1. Physical or mental disabilities
According to NMSA 1978, § 28-1-7(J), employers cannot refuse or fail to accommodate a person’s physical or mental disability unless such accommodation is unreasonable or creates an undue hardship.
Protected individuals include those who:
- Have a physical or mental impairment that substantially limits major life activities
- Have a record of such an impairment
- Are regarded as having such an impairment
2. Serious medical conditions
The New Mexico Human Rights Act also protects individuals with “serious medical conditions,” which is a separate protected category beyond disability.
3. Pregnancy, childbirth, and related conditions
According to NMSA 1978, § 28-1-7(K), employers must make reasonable accommodation for employees or job applicants with needs arising from pregnancy, childbirth, or conditions related to pregnancy or childbirth.
Reasonable accommodations may include:
- Modified work schedules
- Remote work or telework (when feasible and not an undue hardship)
- Modified duties
- Leave or time off
- Assistive equipment or technology
- Other modifications that enable you to perform essential job functions
How to request an accommodation:
- Inform your employer of your disability, medical condition, or pregnancy-related need
- Request specific accommodation or discuss options with employer
- Provide medical documentation if employer requests it
- Engage in good-faith interactive dialogue about effective accommodations
If your accommodation is denied:
File a complaint with the New Mexico Human Rights Bureau within 300 days:
- Phone: (505) 827-6838 or 1-800-566-9471
- Online: https://hrb.dws.state.nm.us/
- Email: Human.RightsInfo@dws.nm.gov
Source: New Mexico Statutes Annotated §§ 28-1-2, 28-1-7
Available at: https://www.nmlegis.gov/
How do I file a discrimination complaint in New Mexico?
To file a discrimination complaint in New Mexico:
Step 1: Determine the appropriate agency
For employment discrimination:
- New Mexico Human Rights Bureau (state law)
- EEOC (federal law)
- You may file with both (dual-filing)
Step 2: Meet the filing deadline
300 days from the last act of discrimination for both New Mexico Human Rights Bureau and EEOC in New Mexico
Step 3: File your complaint
New Mexico Human Rights Bureau:
Online: Complete the Discrimination Inquiry Form
- English: https://hrb.dws.state.nm.us/?lang=en
- Spanish: https://hrb.dws.state.nm.us/?lang=es
By Phone: (505) 827-6838 or toll-free 1-800-566-9471
By Mail:
Human Rights Bureau
2600 Cerrillos Road
Santa Fe, NM 87505
By Email: Human.RightsInfo@dws.nm.gov
EEOC (Federal):
Online: Public Portal: https://publicportal.eeoc.gov/
By Phone: 1-800-669-4000 (TTY: 1-800-669-6820)
In Person: EEOC Albuquerque Area Office
505 Marquette Avenue NW, Suite 900
Albuquerque, NM 87102
Step 4: What to expect
After filing:
- An investigator will contact you
- The agency will investigate your complaint
- The agency will make a determination
- Conciliation may be attempted if probable cause found
- A hearing or lawsuit may follow if conciliation fails
Source: New Mexico Department of Workforce Solutions; U.S. Equal Employment Opportunity Commission
Available at: https://www.dws.state.nm.us/Filing-a-Charge-of-Discrimination
Can I request remote work as a reasonable accommodation?
Possibly, yes. Remote work can be a reasonable accommodation under both New Mexico law and federal ADA if:
1. You have a qualifying condition:
- Physical or mental disability (as defined by New Mexico Human Rights Act or ADA)
- Serious medical condition (New Mexico Human Rights Act)
- Pregnancy-related need (New Mexico Human Rights Act)
2. Remote work addresses your disability-related limitations
3. You can perform essential job functions remotely
4. Remote work does not create an undue hardship for the employer
According to EEOC guidance, factors relevant to whether remote work is a reasonable accommodation include:
- Whether the employer has successfully allowed the employee or others to telework
- Whether the job requires in-person interaction
- Whether alternative accommodations are available
- The impact on business operations
Source: EEOC, “What You Should Know About COVID-19 and the ADA”
Available at: https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws
Important Notes:
- An employer’s general preference for in-person work is not sufficient to deny a reasonable accommodation request
- The existence of a return-to-office policy does not automatically excuse accommodation obligations
- Past allowance of remote work may make it harder for employers to claim undue hardship
- Employers must engage in an interactive process to determine appropriate accommodations
If your remote work accommodation is denied:
File a complaint with the New Mexico Human Rights Bureau within 300 days:
- Phone: (505) 827-6838 or 1-800-566-9471
- Online: https://hrb.dws.state.nm.us/
What is the New Mexico Human Rights Act?
The New Mexico Human Rights Act is the state’s primary anti-discrimination law, enacted in 1969 and amended multiple times since.
Statutory Citation: NMSA 1978, §§ 28-1-1 to 28-1-14
Purpose:
The Act prohibits discrimination in employment, housing, public accommodations, and credit based on protected characteristics.
Employment Coverage:
Applies to employers with four or more employees (broader than federal law’s typical 15-employee threshold)
Protected Classes in Employment:
- Race
- Color
- Religion
- National origin
- Ancestry
- Sex
- Sexual orientation
- Gender identity
- Age (40 years and older)
- Physical or mental disability
- Serious medical condition
- Pregnancy, childbirth, and related conditions
- Spousal affiliation (employers with 50+ employees)
Prohibited Employment Practices:
- Discrimination in hiring, firing, promotion, compensation, terms, and conditions
- Failure to provide reasonable accommodations for disability, serious medical condition, or pregnancy
- Retaliation against employees who oppose discrimination or participate in proceedings
Enforcement Agency:
Human Rights Bureau, Labor Relations Division, New Mexico Department of Workforce Solutions
Complaint Deadline: 300 days from the last act of discrimination
Source: New Mexico Statutes Annotated §§ 28-1-1 to 28-1-14
Available at: https://www.nmlegis.gov/
Contact Information:
Human Rights Bureau
Phone: (505) 827-6838 or 1-800-566-9471
Website: https://www.dws.state.nm.us/Filing-a-Charge-of-Discrimination
Where do I file an EEOC complaint in New Mexico?
To file an EEOC complaint in New Mexico, you have several options:
EEOC Albuquerque Area Office:
Physical Address:
505 Marquette Avenue NW, Suite 900
Albuquerque, NM 87102
Phone:
1-800-669-4000 (toll-free)
TTY: 1-800-669-6820 (for hearing impaired)
Office Hours:
Monday through Friday, 8:30 AM to 5:00 PM (Mountain Time)
Appointment recommended – call ahead
Online Filing:
EEOC Public Portal: https://publicportal.eeoc.gov/
By Mail:
You may mail your charge to the address above, though filing online or in person is generally faster.
Coverage Area:
The Albuquerque Area Office serves all of New Mexico.
Filing Deadline:
300 days from the date of the discriminatory act
(New Mexico has a 300-day deadline because the state has a work-sharing agreement with the EEOC through the Human Rights Bureau)
What to Bring:
- Details about the discrimination (dates, witnesses, evidence)
- Employer information (name, address, number of employees)
- Your contact information
- Documentation supporting your claim (if available)
Dual-Filing:
New Mexico has a work-sharing agreement with the EEOC. You may file with the Human Rights Bureau, and your complaint may be dual-filed with both agencies. Verify dual-filing status with your investigator.
Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/field-office/albuquerque/location
What is at-will employment in New Mexico?
At-will employment is the default employment relationship in New Mexico, established through common law rather than a specific statute.
Basic Principle:
At-will employment means that either the employer or employee can terminate the employment relationship at any time, for any legal reason, or for no reason at all, with or without notice.
According to the New Mexico Court of Appeals:
“An employment agreement for an indefinite period is presumed to be terminable at will unless the parties have otherwise agreed.”
Source: Lopez v. Kline, 1998-NMCA-016, ¶ 10, 124 N.M. 539, 953 P.2d 304
For Employers:
At-will employment provides flexibility to manage workforce, change policies (including workplace location), and terminate employees without proving cause.
For Employees:
At-will employment means you can be terminated for any reason not prohibited by law, but you also have the freedom to resign at any time.
Important Exceptions – When At-Will Does NOT Apply:
1. Express or Implied Employment Contracts:
- Written contracts specifying term or termination procedures
- Employee handbook provisions creating contractual rights
- Oral promises of job security
- Course of conduct establishing implied contract
2. Statutory Protections:
- New Mexico Human Rights Act (anti-discrimination and anti-retaliation)
- Workers’ compensation retaliation (NMSA § 52-1-28.2)
- Occupational safety complaints (NMSA § 50-9-25)
- Wage and hour claims (NMSA § 50-4-26.1)
- Federal anti-discrimination laws (Title VII, ADA, ADEA)
3. Public Policy Exceptions:
- Termination for refusing to break the law
- Termination for exercising legal rights
- Termination for whistleblowing
- Termination that violates “clear mandates” of public policy
According to New Mexico courts:
“New Mexico courts have recognized two other exceptions to the at-will employment rule: (1) ‘wrongful termination under facts disclosing unlawful retaliatory discharge’ or (2) ‘where the facts disclose the existence of an implied employment contract provision that limits the employer’s authority to discharge.'”
Source: Lopez v. Kline, 1998-NMCA-016, ¶ 11
How This Affects Return to Office:
Under at-will employment, employers can generally:
- Require employees to return to in-person work
- Change remote work policies
- Terminate employees who refuse to return to the office
UNLESS:
- Employment contract guarantees remote work
- Employee qualifies for reasonable accommodation
- Policy change discriminates based on protected class
- Termination violates public policy
Is there pending RTO legislation in New Mexico?
As of January 6, 2026, there is no pending legislation in the New Mexico Legislature specifically governing return to office mandates for private sector employers.
Legislative Search Conducted:
- Website: New Mexico Legislature (nmlegis.gov)
- Date: January 6, 2026
- Session searched: 2026 Regular Session
- Search terms: “return to office,” “remote work,” “telework,” “workplace location”
- Result: No pending bills identified
Recent Legislative Activity Related to Employment:
The New Mexico Legislature has been active in expanding employment protections in recent years:
2023 Session:
- HB 207: Extended Human Rights Act scope, expanded protected classes
- SB 286: Prohibited discriminatory covenants in property records
2024 Session:
- HB 25: Added source of income as protected class in housing
2025 Session:
- HB 339: Housing discrimination enforcement provisions
Note: While these bills strengthen anti-discrimination protections generally, none specifically address return to office policies or remote work requirements.
How to Monitor for New Legislation:
New Mexico Legislature Bill Search:
https://www.nmlegis.gov/Legislation/Legislation_List
Search Tips:
- Select current session year
- Search by keyword: “remote work,” “telework,” “employment”
- Check Committee on Labor and Economic Development
- Review House and Senate calendars
Bill Status Updates:
The Legislature website provides real-time updates on bill status, committee assignments, and floor actions.
Source: New Mexico Legislature
Available at: https://www.nmlegis.gov/
How does New Mexico regulate remote work?
New Mexico does not have specific statutes or regulations governing remote work arrangements for private sector employers.
For Private Sector:
Remote work is generally a matter of employer policy and individual employment agreements. New Mexico law does not:
- Require employers to offer remote work
- Prohibit employers from requiring in-person work
- Mandate specific remote work policies or procedures
- Set standards for remote work equipment or reimbursement
However, existing employment laws apply:
Anti-Discrimination:
Employers cannot make remote work decisions based on protected characteristics under the New Mexico Human Rights Act or federal law.
Reasonable Accommodation:
Employers must provide remote work as a reasonable accommodation when required for:
- Disability (NMSA § 28-1-7(J))
- Serious medical condition (NMSA § 28-1-7(J))
- Pregnancy-related needs (NMSA § 28-1-7(K))
Unless it creates an undue hardship.
Workers’ Compensation:
Remote workers are generally covered by workers’ compensation for work-related injuries occurring during work hours and work activities.
Source: New Mexico Workers’ Compensation Administration
Available at: https://www.workerscomp.nm.gov/
Wage and Hour:
Remote workers are entitled to:
- Minimum wage ($12.00/hour as of 2024)
- Overtime pay for hours over 40 per week (non-exempt employees)
- All other wage protections under New Mexico and federal law
Source: New Mexico Department of Workforce Solutions
Available at: https://www.dws.state.nm.us/
What labor protections apply to remote workers in New Mexico?
Remote workers in New Mexico have the same employment law protections as in-person workers.
Anti-Discrimination Protections:
New Mexico Human Rights Act (NMSA §§ 28-1-1 to 28-1-14):
- Protection from discrimination based on protected classes
- Applies to employers with 4+ employees
- Covers remote and in-person workers equally
Federal Laws:
- Title VII (race, color, religion, sex, national origin)
- ADA (disability)
- ADEA (age 40+)
- Apply to remote workers meeting coverage requirements
Wage and Hour Protections:
Minimum Wage:
- Remote workers entitled to New Mexico minimum wage
- Currently $12.00 per hour (effective 2024)
Source: New Mexico Minimum Wage Act, NMSA § 50-4-22
Overtime:
- Non-exempt remote workers entitled to overtime (1.5× regular rate) for hours over 40 per week
- Both federal and state overtime laws apply
Source: Fair Labor Standards Act; New Mexico wage and hour laws
Wage Payment:
- Final paycheck due within specific timeframes upon termination or resignation
- Same rules apply to remote and in-person workers
Source: NMSA §§ 50-4-4, 50-4-5
Workers’ Compensation:
Remote workers are generally covered by workers’ compensation for work-related injuries occurring:
- During work hours
- While performing work duties
- In designated work space (when applicable)
Source: New Mexico Workers’ Compensation Administration
Available at: https://www.workerscomp.nm.gov/
Occupational Safety and Health:
Remote workers are protected from retaliation for:
- Reporting safety concerns
- Refusing unsafe work
- Filing OSHA complaints
Source: NMSA § 50-9-25
Collective Bargaining:
Remote workers covered by collective bargaining agreements have additional protections based on contract terms, which may include:
- Remote work provisions
- Equipment reimbursement
- Work schedule flexibility
- Layoff and recall procedures
Source: Various New Mexico and federal employment laws