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

28-10A-1. Human immunodeficiency virus related test; limitation.

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.