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