Blacklisting consists of an employer or his agent preventing or attempting to prevent a former employee from obtaining other employment.

Whoever commits blacklisting is guilty of a misdemeanor.

Upon request, an employer may give an accurate report or honest opinion of the qualifications and the performance of a former employee. An employer is defined as any person employing labor or the agent of such person.

History: 1953 Comp., § 40A-13-3, enacted by Laws 1963, ch. 303, § 13-3.

Cross references. — For criminal libel, see 30-11-1 NMSA 1978.

For constitutional provision guaranteeing freedom of speech and of the press, and making truth a defense in criminal prosecutions for libel, see N.M. Const., art. II, § 17.

Union affiliation. — Workers could not be dismissed from employment because of their labor union affiliations. Phelps Dodge Corp. v. NLRB, 313 U.S. 177, 61 S. Ct. 845, 85 L. Ed. 1271 (1941).

Law reviews. — For comment, "Public Accommodations in New Mexico: The Right to Refuse Service for Reasons Other Than Race or Religion," see 10 Nat. Resources J. 635 (1970).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 48 Am. Jur. 2d Labor and Labor Relations § 669.

Blacklist, libel or slander, 66 A.L.R. 1499.

Publication of libel by blacklist for purpose of statute of limitation, 42 A.L.R.3d 807.

Validity, construction, and operation of state blacklisting statutes, 95 A.L.R.5th 1.

Federal pre-emption of whistleblower's state-law action for wrongful retaliation, 99 A.L.R. Fed. 775.

Who has "participated" in investigation proceeding or hearing and is thereby protected from retaliation under § 704(a) of Title VII of Civil Rights Act of 1964 (42 USCA § 2000e-3(a)), 149 A.L.R. Fed. 431.

51 C.J.S. Labor Relations § 8; 30 C.J.S. Employer-Employee § 58.