Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports if they are used for other purposes.

Current FIRs (in HTML & Adobe PDF formats) are available on the NM Legislative Website (legis.state.nm.us). Adobe PDF versions include all attachments, whereas HTML versions may not. Previously issued FIRs and attachments may also be obtained from the LFC in Suite 101 of the State Capitol Building North.

F I S C A L I M P A C T R E P O R T

SPONSOR	HJC		DATE TYPED	2/13/04		HB	277/HJCS/aSCORC
SHORT TITLE		Clarify Sexual Discrimination Provisions				SB
					ANALYST		Gilbert

APPROPRIATION

Appropriation Contained		Estimated Additional Impact		Recurring or Non-Rec	Fund Affected
FY04	FY05	FY04	FY05
			NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

SUMMARY

Synopsis of SCORC Amendment

The Senate Corporations and Transportation Committee (SCORC) amendment to the House Judiciary Committee Substitute for House Bill 277 amends the Human Rights Act to clarify provisions regarding unlawful discrimination based upon sexual orientation or gender identity as follows:

CHAPTER 28 HUMAN RIGHTS - ARTICLE 1 HUMAN RIGHTS

28-1-7. Unlawful discriminatory practice. (Repealed effective July 1, 2006.). (2003)

It is an unlawful discriminatory practice for:

A. an employer, unless based on a bona fide occupational qualification or other statutory prohibition, to refuse to hire, to discharge, to promote or demote or to discriminate in matters of compensation, terms, conditions or privileges of employment against any person otherwise qualified because of race, age, religion, color, national origin, ancestry, sex, sexual orientation, gender identity, physical or mental handicap or serious medical condition, or, if the employer has fifty or more employees, spousal affiliation; provided, however, that 29 U.S.C. Section 631(c)(1) and (2) shall apply to discrimination based on age; or, if the employer has fifteen or more employees, to discriminate against an employee based upon the employee’s sexual orientation or gender identity;

Synopsis of Original Bill

The House Judiciary Committee Substitute for House Bill 277 amends the Human Rights Act to delete §28-1-9 G, which exempts businesses with fourteen or fewer full-time employees from provisions of the Human Rights Act. Instead, this bill implements a four employees or fewer threshold for all types of discrimination, including sexual orientation or gender identity.

Significant Issues

Currently, employers who have fifteen or more full-time employees may discriminate based on race, religion, color, national origin, ancestry, sex, sexual orientation, gender identity, physical or mental handicap, or serious medical condition.

OTHER SUBSTANTIVE ISSUES

This bill addresses a drafting error in 2003 legislation that intended to make it legal for employers with fourteen or fewer employees to discriminate based on sexual orientation or gender identity. However, the error resulted in the fifteen or more employee cutoff being applied to all protected groups.

The amendment in this bill sets a four employee or fewer threshold for all types of discrimination, including sexual orientation or gender identity.

Prior to being amended, the 2003 regular session bill retained the four employee threshold or less for all types of discrimination (race, religion, color, national origin, ancestry, sex, sexual orientation, gender identity, physical or mental handicap, or serious medical condition). After the amendment, which was intended to only apply to sexual orientation or gender identity, the law enacted in 2003 exempted all businesses that employ fourteen or fewer full-time employees (§28-1-9 G) from all portions of the Human Rights Act.

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