by Robert P. Tinnin, Jr.
New Mexico’s Fair Pay for Women Act (FPWA) goes into effect June 14, affecting all employers with at least four employees.
The law prohibits discrimination on the basis of sex “by paying wages to employees . . . at a rate less than the rate that the employer pays wages to employees of the opposite sex in the establishment for equal work on jobs[,] the performance of which requires equal skill, effort and responsibility and that are performed under similar working conditions.”
The law includes an exception for payments made under a seniority system, a merit system, or a “system that measures earnings by quality or quantity of production.” It prohibits retaliation in the form of discriminating against an employee for (1) asserting a claim under the FPWA, (2) assisting another person in doing so, or (3) “informing another person about employment rights or other rights provided by law.”