New Mexico Protection Against Discrimination for Veterans and Military Families

Since May 2024 military status is a protected class under the New Mexico Human Rights Act, in employment, housing, credit and public accommodations. It covers veterans with no discharge test, current members of the armed forces and state defense force, and their spouses and children.

Also called: NMSA 28-1-7, NMSA 28-1-2, Human Rights Act, military status, House Bill 302, Laws 2024, ch. 21, Human Rights Bureau, protected class.

For: Veteran or service member, spouse, child.

Where it applies

Written for the jurisdictions listed here.

New MexicoState

House Bill 302 of 2024, Laws 2024, chapter 21, signed February 29, 2024 and effective May 15, 2024, added "military status" to the Human Rights Act. Who is protected. Section 28-1-2, subsection EE: "a person's active membership in the armed forces or state defense force or being a veteran of the armed forces or state defense force", including "a spouse or child of an active member or veteran". There is no discharge test and no minimum service; a veteran with an other than honorable discharge is protected. What is forbidden. Section 28-1-7 makes it an unlawful discriminatory practice for an employer to refuse to hire, discharge, promote, demote or discriminate in pay or conditions because of military status, and it reaches labour organisations, apprenticeship programmes, employment advertising, housing, credit and public accommodations. The same act exempted military-run child care from state licensing and added the Space Force to state definitions of the armed forces. How to enforce it. Section 28-1-10 requires a complaint to be filed with the Human Rights Bureau of the Department of Workforce Solutions "within three hundred days after the alleged act was committed". It supplements, and does not replace, the federal Uniformed Services Employment and Reemployment Rights Act. Guard members have had protection longer. Section 20-4-6 has long made it a misdemeanour for an employer to refuse to hire, penalise or discharge anyone because of Guard membership.

Thresholds

Thresholds for New Mexico Protection Against Discrimination for Veterans and Military Families
Gate	Rule
Veteran or member, with no discharge test, and their spouse or child	NMSA 1978, § 28-1-2(EE).

Sources

NMSA 1978, Chapter 28, §§ 28-1-2, 28-1-7 and 28-1-10Official
HB 302 (2024), Laws 2024, ch. 21Official
NMSA 1978, Chapter 20, § 20-4-6Official

Legislation

Law the tracker is watching for this entry. See the legislation tracker for every jurisdiction.

Laws 2024, ch. 21 (HB 302) Made military status, including veteran status, a protected class under the Human Rights Act and added the Space Force to state definitions

Catalog reconciledEnactedProgram created Scope changed

Signed 2024-02-29Takes effect 2024-05-15

Introduced Done, 2024-01-31, step 1 of 6
In committee Done, 2024-01-31, step 2 of 6
Passed one chamber Done, 2024-02-10, step 3 of 6
Passed both chambers Done, 2024-02-14, step 4 of 6
Signed by the governor Done, 2024-02-29, step 5 of 6
In effect Done, 2024-05-15, step 6 of 6

Expands benefits Made military status, including veteran status, a protected class under the Human Rights Act.

Added "military status" to NMSA 1978, §§ 28-1-2 and 28-1-7, defined as active membership in or being a veteran of the armed forces or state defense force, including a spouse or child, with no discharge test. Also exempted Defense Department and Coast Guard child care from state licensing and added the Space Force to armed forces definitions, including § 21-1-4.5, though not to the reserve list in § 9-22-3. Signed February 29, 2024, effective May 15, 2024.

Updated

Last updated 2026-09-30.

Request an update

Out of date, a broken link, or something else wrong? Say what you found, and an editor checks it against the official source.

Disclaimer

VetTOC is not affiliated with the U.S. Department of Veterans Affairs or the Department of Defense. Information is for reference only and is not an eligibility determination. Verify with VA, the relevant state or territory, or an accredited VSO.