Employee Privacy: New Mexico

Federal law and guidance on this subject should be reviewed together with this section.

Summary

• New Mexico law recognizes the tort of invasion of privacy. SeeCommon Law Tort of Invasion of Privacy.
• New Mexico's Employee Privacy Act prohibits employment discrimination on the basis of the use or non-use of tobacco products. SeeEmployee Privacy Act.
• Reasonable workplace monitoring is permitted in New Mexico. However, New Mexico has a statute limiting the monitoring of communications without the consent of at least one party. SeeWorkplace Monitoring.
• Slight variations from federal law exist in New Mexico regarding personnel records. SeeEmployee Personnel Records.
• New Mexico law places limitations on an employer's access to certain information related to current and potential employee criminal background information. However, employers do have access to certain information. SeeBackground Checks.
• An employer acting in good faith is immune from liability for comments about a former employee's job performance. SeeEmployee References.
• New Mexico's constitution contains protections against unreasonable searches and seizures. SeeState Constitutional Right to Privacy.
• New Mexico permits the use of marijuana (cannabis) for medical and recreational purposes under certain circumstances. SeeCannabis
• New Mexico has a law prohibiting employers from requesting or requiring that prospective employees provide user names and passwords to social media accounts. SeeSocial Networking Privacy.