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Human immunodeficiency virus related test; limitation – N.M. Stat. Ann. §28-10A-1

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No person is required to disclose the results of an HIV test as part of being hired, promoted, or continued employment, unless not having HIV is a bone fide requirement of the job. 

If an employer claims that there is a bone fide requirement for disclosure of an individual’s HIV test status, he or she must prove that disclosure is necessary to know whether the person can perform the essential job functions or whether the there is a significant risk that the person may transmit the virus to other people in the course of routine work.  The other requirement is that there is no other accommodation to the person except taking the HIV test.

Current as of June 2015