46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO HUMAN RIGHTS; PROVIDING FOR PROTECTION OF GENETIC PRIVACY AGAINST UNLAWFUL DISCRIMINATORY PRACTICES; ENACTING SECTIONS OF THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. A new Section 28-1-2.1 NMSA 1978 is enacted to read:

"28-1-2.1. [NEW MATERIAL] DEFINITIONS.--As used in the Human Rights Act:

A. "DNA" means deoxyribonucleic acid, including mitochondrial DNA, complementary DNA and DNA derived from ribonucleic acid; and

B. "genetic information" means information about the genetic makeup of a person or members of a person's family, including information resulting from genetic analysis, DNA composition, participation in genetic research or use of genetic services."

Section 2. A new Section 28-1-7.1 NMSA 1978 is enacted to read:

"28-1-7.1. [NEW MATERIAL] UNLAWFUL DISCRIMINATORY PRACTICE.--It is unlawful discriminatory practice for an employer, labor organization, joint apprentice committee or employment agency to use genetic information in any employment-related decisions, including hiring, discharge, promotion, demotion, compensation and terms, conditions and privileges of employment."