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SENATE BILL 356
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Shannon D. Pinto and Linda M. López and
Antoinette Sedillo Lopez and Harold Pope
AN ACT
RELATING TO STATE PERSONNEL; ENACTING THE DIVERSITY ACT;
CREATING THE CHIEF DIVERSITY OFFICER WITHIN THE STATE PERSONNEL
OFFICE; CREATING DIVERSITY AND INCLUSION LIAISONS WITHIN STATE
AGENCIES; CREATING THE WORKFORCE DIVERSITY AND INCLUSION
COUNCIL; PROVIDING DUTIES; REQUIRING STATE AGENCIES TO DEVELOP
AND IMPLEMENT POLICIES TO IDENTIFY, ASSESS AND DECREASE
INSTITUTIONAL RACISM; PROVIDING CRITERIA BY WHICH STATE
AGENCIES SHALL IMPLEMENT SUCH POLICIES; REQUIRING AN ANNUAL
REPORT; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be
cited as the "Diversity Act".
SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the
Diversity Act:
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A. "accessibility" means the degree to which a
product, device, service, environment or facility is usable by
as many people as possible, including people that belong to a
protected class;
B. "council" means the workforce diversity and
inclusion council;
C. "director" means the director of the state
personnel office;
D. "diversity" means the practice of including or
involving people from a range of different racial or ethnic
backgrounds and may also include persons of every background,
gender, race, sexual orientation, age and disability;
E. "equality" means the equivalent treatment of and
opportunity for members of different groups within society
regardless of individual distinctions of race, ethnicity,
gender, age, social class, sexual orientation or other
characteristics or circumstances;
F. "equity" means the consistent and systematic
fair, just and impartial treatment of all people, including
people who belong to underserved communities;
G. "gender identity" means the gender-related
identity, appearance, mannerisms or other gender-related
characteristics of a person, regardless of the person's
designated sex at birth;
H. "inclusion" means the process of creating a
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working culture and environment that recognizes, appreciates
and effectively utilizes the talents, skills and perspectives
of every state employee; uses state employee skills to achieve
a state agency's objectives and mission; connects each state
employee to the organization; and encourages collaboration,
flexibility and fairness in the workplace;
I. "inequities" means disparities in physical
health, mental health, economic opportunities, education or
social factors;
J. "institutional racism" means actions that result
in differential access to the goods, services and opportunities
of society due to the existence of institutional programs,
policies and practices that intentionally or unintentionally
place certain racial and ethnic groups at a disadvantage in
relation to other groups;
K. "office" means the state personnel office;
L. "protected class" means a group of people with a
common characteristic who are legally protected from employment
discrimination on the basis of that characteristic; such
characteristics may include a person's race; color; religion;
sex, which may include pregnancy, transgender status and sexual
orientation; national origin; age, being forty years of age or
older; disability; or genetic information;
M. "state agency" means any state agency, office,
department, board, commission or authority under the executive
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branch of the state;
N. "state employees" means all classified personnel
pursuant to the Personnel Act;
O. "underserved communities" means populations, as
well as geographic communities, who share a particular
characteristic and have been systematically denied a full
opportunity to participate in aspects of economic, social and
civic life; such communities may include Black, Latino, Native
American, Asian American and Pacific Islander and other persons
of color; members of religious minorities; lesbian, gay,
bisexual, transgender and queer persons; persons with
disabilities; persons who live in rural areas; and persons who
have otherwise been adversely affected by persistent poverty or
inequality; and
P. "workforce diversity" means the process of
recruiting from a diverse, qualified group of potential
applicants to secure a high-performing workforce drawn from all
segments of American society.
SECTION 3. [NEW MATERIAL] CHIEF DIVERSITY OFFICER--
CREATED--DUTIES.--
A. The position of "chief diversity officer" is
created as a classified position within the office. The chief
diversity officer shall be hired by and serve at the pleasure
of the director.
B. The chief diversity officer shall have a
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background and education in management or business and
experience with diversity and inclusion.
C. The chief diversity officer shall:
(1) lead the development and implementation of
proactive diversity, equality, equity and inclusion initiatives
in support of the state's strategic plan to create a culture of
diversity, equality, equity and inclusion pursuant to Section 6
of the Diversity Act;
(2) collaborate with and support other state
agencies in assessing potential barriers and developing
strategies for state agencies to recruit and retain a diverse
workforce;
(3) assess state agencies' needs for, and
recommend training initiatives on, cultural competency,
gender identity differences, disability, accessibility, sexual
harassment and other topics designed to increase awareness and
support of equity, equality and inclusive values;
(4) ensure that all state agencies maintain
compliance with all relevant and applicable laws and rules;
(5) exercise authority to advise state agency
directors with regard to matters for which the chief diversity
officer has authority pursuant to this section;
(6) have full access to the office's human
resource management systems;
(7) establish and maintain state-agency-
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specific strategic plans that publicly state diversity
definitions and goals for the state agency;
(8) define a set of strategic metrics that are
directly linked to key organizational priorities and goals
actively used to implement the strategic plan;
(9) establish training regarding diversity
dynamics and best practices for effectively leading diverse
groups;
(10) establish and maintain a strategic plan
for outreach to, and recruiting from, underserved communities;
(11) conduct regular, rigorous evaluations and
assessments of diversity for state agencies; and
(12) perform such additional duties and
exercise such powers as the director may prescribe.
D. On or before December 31 of each year, the chief
diversity officer shall:
(1) conduct an evaluation of race as self-
identified by applicants, candidates and employees subject to
the Personnel Act as related to hiring, promotion,
retention and pay;
(2) develop policies to identify, assess,
reduce and prevent inequities due to institutional racism in
hiring, promotion and pay for those agencies with positions to
which the provisions of the Personnel Act apply;
(3) conduct an analysis of state government
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employment data sets of race as self-identified by employees to
track progress toward ending institutional racism; and
(4) develop and provide anti-institutional
racism training for all employees subject to the Personnel Act
that shall include:
(a) a historical perspective on the
population of New Mexico, spotlighting the many racial and
ethnic subpopulations that live and work in New Mexico and the
need for all New Mexicans to be aware of, appreciate and
celebrate the cultural differences in the state;
(b) strategies to eliminate cultural
prejudices and discrimination while strengthening the common
threads that bind individuals into one state and one country;
(c) strategies to improve engagement
with employees, customers or clients from different cultural
backgrounds; and
(d) strategies to counteract unconscious
bias and foster a climate of diversity and inclusion in the
state government workplace.
SECTION 4. [NEW MATERIAL] DIVERSITY AND INCLUSION
LIAISONS--WORKFORCE DIVERSITY AND INCLUSION COUNCIL--CREATED--
DUTIES.--
A. Each state agency shall designate a diversity
and inclusion liaison, who shall report directly to the head of
the agency and collaborate with the chief diversity officer.
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B. The chief diversity officer shall convene the
"workforce diversity and inclusion council" composed of the
diversity and inclusion liaisons from each state agency.
C. Each diversity and inclusion liaison shall
provide to the chief diversity officer the data and information
required pursuant to Section 5 of the Diversity Act.
D. Diversity and inclusion liaisons shall work with
the chief diversity officer to implement recommendations
proposed by state agencies or by the chief diversity officer.
E. The diversity and inclusion liaisons shall
assist the chief diversity officer in developing and providing
anti-institutional racism training for all employees subject to
the Personnel Act.
F. The chief diversity officer, in collaboration
with the diversity and inclusion liaisons, shall ensure that
each state agency includes a prominent statement on all job
advertisements and annual reviews that:
(1) clearly articulates the state's commitment
to reducing and preventing institutional racism; and
(2) states that all employees are required to
participate in anti-institutional-racism training.
G. The council shall convene regularly and may
establish subcommittees as appropriate.
SECTION 5. [NEW MATERIAL] ANNUAL REPORT--REPORT
CONTENTS--PUBLICATION AND DISSEMINATION OF REPORT.--
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A. No later than July 1 of each year, each state
agency shall submit a report to the office on the activities of
the state agency pursuant to the Diversity Act. The report
shall include:
(1) demographic data on each element of the
state agency's workforce that is disaggregated by rank and
grade or grade-equivalent, with respect to the following
groups:
(a) applicants for each position within
the state agency;
(b) applicants hired to the state
agency;
(c) state employees promoted within the
state agency;
(d) members of any external advisory
committee or board who are subject to appointment by people in
senior positions at the state agency;
(e) state employees participating in
professional development programs; and
(f) state employees participating in
mentorship or retention programs;
(2) aggregate demographic statistics for all
employees, including race for those employees who self-
identify;
(3) an assessment of the state agency's
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compliance with relevant elements identified by the United
States equal employment opportunity commission;
(4) an assessment of the state agency's anti-
institutional racism policies in hiring, promotion, retention,
pay equity, community engagement and workplace participation;
(5) the steps in the state agency's hiring and
promotion processes that incorporate the values of diversity,
equity and inclusion;
(6) data on the promotion outcomes of women
and racial or ethnic minorities;
(7) demographic data, disaggregated by rank
and grade or grade-equivalent, of contractors and
subcontractors, as well as the nongovernmental and civil
society organizations that win bids or obtain contracts and
grants and serve as subcontractors to the state agency;
(8) a description of the state agency's
efforts to propagate rules of fairness, impartiality and
inclusion;
(9) a description of the state agency's
efforts to enforce anti-harassment and anti-discrimination
policies;
(10) the state agency's acknowledgment of its
obligation to refrain from unlawful discrimination in any phase
of the employment process, including recruitment, hiring,
evaluation, assignments, promotion, retention and training;
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(11) the state agency's intentions to prevent
retaliation for state employees participating in employment-
related activities protected by state or federal law;
(12) an assessment of the state agency's
delivery of reasonable accommodations for state employees with
disabilities; and
(13) recommendations using data-driven
approaches toward advancing solutions for problems identified
and proactive measures addressing diversity, equity and
inclusion in the workforce.
B. The chief diversity officer shall compile the
state agency data collected pursuant to Subsection A of this
section into an annual report and submit the report no later
than October 1 of each year to the governor, the appropriate
interim legislative committee dealing with courts, corrections
and justice issues, the legislative finance committee and the
legislature to address diversity, inclusion and institutional
racism as a part of the annual fiscal budget or request for
proposals submission for each state agency.
C. The chief diversity officer shall:
(1) ensure that the data included within the
annual report is in a machine-readable format that is
downloadable, searchable and sortable; and
(2) publish the annual report on the office's
website.
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D. A copy of the report shall be maintained in the
legislative council service library, the state library and the
state records center and archives.
SECTION 6. [NEW MATERIAL] DIVERSITY, EQUITY AND INCLUSION
STRATEGIC PLANS.--
A. The head of each state agency shall develop and
maintain a comprehensive diversity, equity and inclusion
strategic plan in coordination with the chief diversity officer
and the diversity and inclusion liaison for that agency and the
council.
B. The diversity, equity and inclusion strategic
plan shall:
(1) integrate the diversity, equity and
inclusion goals into the mission, operations, programs and
infrastructure of the state agency to enhance equitable
opportunities for the populations served by the agency and to
foster an increasingly diverse, equitable and inclusive
workplace environment; and
(2) outline the:
(a) proactive measures toward addressing
equal employment opportunities pursuant to federal and state
law;
(b) intentions of fostering pay equity
pursuant to federal and state law;
(c) practices to promote diversity,
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equity and inclusion in hiring, promotion, retention,
succession planning and leadership opportunities; and
(d) practices of employee engagement and
inclusivity in the workforce.
C. The head of each state agency shall coordinate
with the chief diversity officer to effectively support ongoing
progress and accountability to achieve diversity, equity and
inclusion goals.
SECTION 7. APPROPRIATION.--Two hundred fifty thousand
dollars ($250,000) is appropriated from the general fund to the
state personnel office for expenditure in fiscal year 2026 to
carry out the provisions of the Diversity Act. Any unexpended
or unencumbered balance remaining at the end of fiscal year
2026 shall revert to the general fund.
SECTION 8. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2025.
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