(Please see the entry above).ĭoes this Act apply both men and women who are paid differently for the same work? What kind of proof do I need to show that my employer violates this act?Īn employee needs only to prove that they were making less than someone of the opposite sex for the same work. This Act prohibits employers (with more than 4 employees) from paying an employee less than someone of the opposite sex when they are performing the “same work.” The law defines “same work” as work that requires the equal skill, effort and responsibility performed under similar working conditions.
It was signed into law by Governor Martinez in March of 2013 and expands upon federal wage-discrimination law under the Equal Pay Act.
House Bill 216, known as the New Mexico Fair Pay for Women Act, N.M.S.A 1978, § 28-23-1 et seq., is a new state law that protects people from sex-based wage discrimination. What is the New Mexico Fair Pay for Women Act? Frequently Asked Questions About New Mexico’s Fair Pay for Women Act The legislation expands upon federal laws to protect women’s rights to be paid equal wages for equal work and creates a state-based remedy for women who discover they have been paid less than their male co-workers for performing the same work. The Southwest Women’s Law Center, together with the Interfaith Worker Justice-NM and the New Mexico Women’s Agenda, worked to ensure that New Mexico now falls in line with 43 other states in passing a new law that protects fair pay for women. In 2013, the Southwest Women’s Law Center was instrumental in advocating for the passage of New Mexico’s Fair Pay for Women Act, N.M.S.A 1978, § 28-23-1 et seq. Women of color experience even greater disparities, with African American women earning just 69 cents for every dollar paid to men, and Hispanic women being paid just 66 cents for every dollar paid to men in New Mexico. As of 2012, according to the National Partnership for Women and Families, women in New Mexico are paid 79 cents for every dollar paid to men, amounting to a yearly gap of $8,789 between full-time working men and women in the state. However, there is still a lot of work left to guarantee that women receive the same pay for doing the same work as men. According to a September 2013 AAUW study, New Mexico now ranks 15th in the U.S. New Mexico has made great strides in recent years in advancing pay equity for women.
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