N.M. Stat. » N.M. Stat. / Chapter 20 / Article 4
New Mexico Statutes

N.M. Stat. § 20-4-6 (2026)

Discrimination prohibited; penalty.

✓ current as of May 2026
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No employer or agent thereof shall refuse to hire or penalize or discharge from
employment any person because of membership in the national guard or prevent the
member from performing any military service he may be called upon to perform by
proper authority. Willful violation of this section shall be a misdemeanor.

History: 1978 Comp., § 20-4-6, enacted by Laws 1987, ch. 318, § 23.
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Cross references. — For penalty provision, see 20-11-6 NMSA 1978.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity and construction of state
statutes requiring employers to compensate employees for absences occasioned by
military service, 8 A.L.R.4th 704.
Notes of Decisions
Cited in 3 cases, 2014–2014 · leading case: Ramirez v. State ex rel. Child., Youth & Families Dep't, 2014 NMCA 057 (N.M. Ct. App. 2014).
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Ramirez v. State ex rel. Child., Youth & Families Dep't, 2014 NMCA 057 (N.M. Ct. App. 2014). · cites it 5× “{25} Finally, neither NMS A 1978, Section 20-1-2 (1987), nor NMSA 1978, Section 20-4-6 (1987) provides any basis for finding a waiver of sovereign immunity.”
Ramirez v. State ex rel CYFD, 2014 NMCA 57 (N.M. Ct. App. 2014). · cites it 3× “Similarly, Section 20-4-6, which prohibits discrimination in employment of service members, neither defines the State as an employer subject to the statute nor creates a private civil cause of action.”
Ramirez v. State ex rel CYFD (N.M. Ct. App. 2014). · cites it 3× “Similarly, Section 20-4-6, which prohibits discrimination in employment of service members, neither defines the State as an employer subject to the statute nor creates a private civil cause of action.”
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