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New Mexico Statutes Chapter 28. Human Rights § 28-10A-1. Human immunodeficiency virus related test;  limitation

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A. No person may require an individual to disclose the results of a human immunodeficiency virus related test as a condition of hiring, promotion or continued employment, unless the absence of human immunodeficiency virus infection is a bona fide occupational qualification of the job in question.

B. A person who asserts that a bona fide occupational qualification exists for disclosure of an individual's human immunodeficiency virus related test results shall have the burden of proving that:

(1) the human immunodeficiency virus related test is necessary to ascertain whether an individual is currently able to perform in a reasonable manner the duties of the particular job or whether an individual will present a significant risk of transmitting human immunodeficiency virus to other persons in the course of normal work activities;  and

(2) there exists no reasonable accommodation short of requiring the test.

Cite this article: FindLaw.com - New Mexico Statutes Chapter 28. Human Rights § 28-10A-1. Human immunodeficiency virus related test;  limitation - last updated May 06, 2021 | https://codes.findlaw.com/nm/chapter-28-human-rights/nm-st-sect-28-10a-1/


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