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New Mexico Restricts Criminal History Inquiries

05/02/19

Author: Brent Cranfield/Monday, April 29, 2019/Categories: Compliance Corner , State Compliance Update, New Mexico

Overview:  New Mexico had enacted legislation (Senate Bill 96) that will prohibit employers from asking about criminal history on employment applications.

Effective Date: June 14, 2019

Details:

While Senate Bill 96 prohibits employers from asking about arrests and convictions on employment applications, whether written or electronic, the law permits employers to consider convictions after reviewing the application and discussing employment with the applicant.

The law doesn’t prohibit an employer from notifying applicants that the law or the employer's policy could disqualify an applicant who has a certain criminal history from employment in particular positions with the employer.

Action Required:  New Mexico employers should remove criminal history questions from application forms to ensure compliance with Senate Bill 96. In addition, anyone involved in the hiring process should receive training on the law.

As always, please contact your dedicated service professional with any questions. 

 

This content provides practical information concerning the subject matter covered and is provided with the understanding that ADP is not rendering legal advice.

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