---
title: "New Mexico EPLI: Four-person coverage threshold and perfected-charge deadline"
description: "New Mexico’s Human Rights Act generally defines an employer as a person with four or more employees, and the Human Rights Bureau requires a perfected complaint within 300 days."
canonical: "https://spot.insure/coverage/employment-practices/new-mexico"
page-type: "coverage-state-guide"
updated-at: "2026-09-28"
---

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# New Mexico EPLI: Four-person coverage threshold and perfected-charge deadline

New Mexico’s Human Rights Act uses a four-person employer threshold, while Human Rights Bureau rules set a 300-calendar-day filing limit measured from the last alleged discriminatory act. A complaint is not perfected until the required information is complete, which makes early claim intake and reporting questions especially practical.[^1][^2]

**Coverage:** [Employment practices liability](/coverage/employment-practices) · [New Mexico](/coverage/states/new-mexico)

## What Is Employment Practices Liability?

EPLI can help pay covered defense costs and losses when applicants or workers allege discrimination, harassment, wrongful termination or other workplace wrongdoing. If you employ people, check the claim definition, defense costs and prior acts. [Read the national Employment practices liability guide](/coverage/employment-practices).

## New Mexico Requirements

| Requirement | Details |
| --- | --- |
| Employer threshold | The Human Rights Act definition enacted in 2020 defines employer as a person employing four or more persons and any person acting for an employer.[^1] |

## What to Watch for in New Mexico

### A charge must be complete to count

The Bureau deems a complaint filed when a perfected complaint is received; missing required details are returned for completion. The 300-day limit runs from the last alleged act. Ask whether the policy treats an agency intake, questionnaire, or written demand as a claim and how quickly notice is required.[^2]

### The rule reaches more than Human Rights Act claims

The current NMAC complaint rule also lists complaints under the Criminal Offender Employment Act, the Lynn and Erin Compassionate Use Act, and the Fair Pay for Women Act. Ask the insurer which statutory employment allegations fall within its definition of employment claim instead of assuming every statutory duty is insured.[^2]

### Track the last alleged act precisely

The rule ties jurisdiction to 300 days after the last alleged discriminatory act and requires dates and factual grounds in the perfected complaint. Preserve event and notice dates promptly; ask about related acts and prior-notice exclusions in the policy wording.[^2]

## Who Regulates Insurance in New Mexico

**New Mexico Office of Superintendent of Insurance.** New Mexico OSI licenses insurance producers and agencies, oversees insurers and reviews insurance forms and rates. Its Consumer Assistance Bureau accepts insurance complaints, including complaints involving commercial and business insurance.[^3][^4][^5][^6]

- [Regulator website](https://osi.state.nm.us/en/)
- [License lookup](https://www.osi.state.nm.us/en/license-status-verification/)
- [File a complaint](https://osi.state.nm.us/en/complaints/)
- Phone: 855-427-5674

### Surplus-Lines Tax and Stamping Office

**Reported tax rate:** 3.003% of taxable surplus-lines premium (verify allocation and current return instructions) New Mexico’s surplus-lines tax is listed as 3.003% of taxable premium in the state’s surplus-lines tax-return instructions; confirm current allocation and filing treatment with the New Mexico Taxation and Revenue Department because its current program page distinguishes broker-placed surplus lines from independently procured insurance. Surplus-lines coverage is issued by an unauthorized insurer and is outside ordinary state guaranty-association protection; do not treat the separate self-procured tax as the surplus-lines broker tax.[^7][^8][^9][^10]

## Providers With Documented State Licenses

These providers publish a national listing for Employment practices liability; the state records document licenses for the entities and roles shown below. Some records rely on company-reported information rather than independent regulator verification. A national listing does not confirm that the product is available in New Mexico; [check the regulator’s license lookup](https://www.osi.state.nm.us/en/license-status-verification/) and confirm state availability for your business when requesting a quote.

- [Coalition](/insurance-providers/coalition) — **Entity:** Coalition Insurance Solutions, Inc.; **role:** Insurance producer, Surplus-lines broker; **checked:** 2026-09-28. **Scope:** Coalition’s license page lists producer and surplus-lines licenses for Coalition Insurance Solutions, Inc. in all 50 states and the District of Columbia. The page separately lists insurers; this record covers the brokerage entity only.[^12]
- [TechInsurance](/insurance-providers/techinsurance) — **Entity:** Specialty Program Group LLC; **role:** Insurance producer; **checked:** 2026-09-28. **Scope:** TechInsurance’s current licensing page names Specialty Program Group LLC / SPG Insurance Solutions and lists state license numbers, but labels Rhode Island “Individual licenses” rather than identifying a license for the named agency. RI is omitted because this disclosure does not establish agency authority there; this is a search limitation, not an assertion that the company is unlicensed. The remaining state entries are company-reported and are not an insurance product availability map.[^15]
- [Vouch](/insurance-providers/vouch) — **Entity:** Vouch Specialty Insurance Services, LLC; **role:** Insurance producer, Surplus-lines broker; **checked:** 2026-09-28. **Scope:** Vouch’s licenses page, effective January 16, 2025, lists producer licenses in all 50 states and DC. Its separate surplus-lines table includes Idaho number 870820, while a footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses. Because those statements conflict for Idaho, this record keeps Idaho producer-only and does not treat the table number as established agency surplus-lines authority. The page is company-reported and does not establish product availability.[^16]

## Questions to Ask Before You Buy in New Mexico

1. Does the insurer treat a Bureau or EEOC filing, an intake form, or only a perfected charge as a claim?
2. How does the policy handle allegations under the Criminal Offender Employment Act, cannabis protections, and the Fair Pay for Women Act?
3. Which employing entities and workers are included, especially when headcount fluctuates around four?
4. Who at the business must receive and report an agency notice?

## Employment Practices Liability in New Mexico: FAQ

### How many employees trigger the Human Rights Act employer definition?

The cited Human Rights Act amendment defines employer as a person employing four or more persons, including a person acting for an employer. Confirm entity and headcount facts with counsel.[^1]

### Is submitting an incomplete intake enough to meet the Bureau deadline?

The NMAC says the complaint is deemed filed when the perfected complaint is received; incomplete required information is returned before it is treated as perfected. The stated limit is 300 calendar days after the last alleged act.[^2]

## Employment Practices Liability in Other States

- [Alabama](/coverage/employment-practices/alabama)
- [Alaska](/coverage/employment-practices/alaska)
- [Arizona](/coverage/employment-practices/arizona)
- [Arkansas](/coverage/employment-practices/arkansas)
- [California](/coverage/employment-practices/california)
- [Colorado](/coverage/employment-practices/colorado)
- [Connecticut](/coverage/employment-practices/connecticut)
- [Delaware](/coverage/employment-practices/delaware)
- [District of Columbia](/coverage/employment-practices/district-of-columbia)
- [Florida](/coverage/employment-practices/florida)
- [Georgia](/coverage/employment-practices/georgia)
- [Hawaii](/coverage/employment-practices/hawaii)
- [Idaho](/coverage/employment-practices/idaho)
- [Illinois](/coverage/employment-practices/illinois)
- [Indiana](/coverage/employment-practices/indiana)
- [Iowa](/coverage/employment-practices/iowa)
- [Kansas](/coverage/employment-practices/kansas)
- [Kentucky](/coverage/employment-practices/kentucky)
- [Louisiana](/coverage/employment-practices/louisiana)
- [Maine](/coverage/employment-practices/maine)
- [Maryland](/coverage/employment-practices/maryland)
- [Massachusetts](/coverage/employment-practices/massachusetts)
- [Michigan](/coverage/employment-practices/michigan)
- [Minnesota](/coverage/employment-practices/minnesota)
- [Mississippi](/coverage/employment-practices/mississippi)
- [Missouri](/coverage/employment-practices/missouri)
- [Montana](/coverage/employment-practices/montana)
- [Nebraska](/coverage/employment-practices/nebraska)
- [Nevada](/coverage/employment-practices/nevada)
- [New Hampshire](/coverage/employment-practices/new-hampshire)
- [New Jersey](/coverage/employment-practices/new-jersey)
- [New York](/coverage/employment-practices/new-york)
- [North Carolina](/coverage/employment-practices/north-carolina)
- [North Dakota](/coverage/employment-practices/north-dakota)
- [Ohio](/coverage/employment-practices/ohio)
- [Oklahoma](/coverage/employment-practices/oklahoma)
- [Oregon](/coverage/employment-practices/oregon)
- [Pennsylvania](/coverage/employment-practices/pennsylvania)
- [Rhode Island](/coverage/employment-practices/rhode-island)
- [South Carolina](/coverage/employment-practices/south-carolina)
- [South Dakota](/coverage/employment-practices/south-dakota)
- [Tennessee](/coverage/employment-practices/tennessee)
- [Texas](/coverage/employment-practices/texas)
- [Utah](/coverage/employment-practices/utah)
- [Vermont](/coverage/employment-practices/vermont)
- [Virginia](/coverage/employment-practices/virginia)
- [Washington](/coverage/employment-practices/washington)
- [West Virginia](/coverage/employment-practices/west-virginia)
- [Wisconsin](/coverage/employment-practices/wisconsin)
- [Wyoming](/coverage/employment-practices/wyoming)

[Other Coverage in New Mexico](/coverage/states/new-mexico)

## Sources

[^1]: [House Bill 25 (2020), amendment to Human Rights Act definitions](https://www.nmlegis.gov/sessions/20%20Regular/final/HB0025.PDF) — New Mexico Legislature; Page 1, amending NMSA 1978 §28-1-2(B): employer means any person employing four or more persons and any person acting for an employer. Accessed 2026-09-28.
[^2]: [9.1.1 NMAC, Administrative Procedures for Human Rights Bureau/Commission](https://www.srca.nm.gov/parts/title09/09.001.0001.html) — New Mexico State Records Center and Archives; §9.1.1.8(B),(D),(E): 300 calendar days; required facts; perfected complaint received date; history includes amendments through 2023. Accessed 2026-09-28.
[^3]: [Office of the Superintendent of Insurance](https://osi.state.nm.us/en/) — New Mexico Office of Superintendent of Insurance; Official OSI homepage says it licenses individuals and agencies, oversees business insurance and reviews rates/forms.. Accessed 2026-09-28.
[^4]: [License Status Verification](https://osi.state.nm.us/en/license-status-verification/) — New Mexico Office of Superintendent of Insurance; Official page says OSI/NAIC public verification checks producer, adjuster, surplus-lines broker and TPA license status.. Accessed 2026-09-28.
[^5]: [File a Complaint](https://osi.state.nm.us/en/complaints/) — New Mexico Office of Superintendent of Insurance; Official complaint page says OSI accepts complaints against insurers and agents; current agency page discusses complaint filing. OSI site redirects from www host, which the web verifier could not fetch.. Accessed 2026-09-28.
[^6]: [Consumer Assistance](https://osi.state.nm.us/en/consumer-assistance/) — New Mexico Office of Superintendent of Insurance; Official OSI page expressly includes commercial and business insurance complaints; consumer assistance.. Accessed 2026-09-28.
[^7]: [Surplus Lines Premium Tax Return (TRD-41397)](https://realfile.tax.newmexico.gov/trd-41397.pdf) — New Mexico Taxation and Revenue Department; State tax return and instructions establish 3.003% rate; accessible as an official PDF download, but its revision date is not explicit in the current web-indexed copy.. Accessed 2026-09-28.
[^8]: [Insurance Premium Tax and Self-Insured Group Tax Programs](https://www.tax.newmexico.gov/businesses/insurance-premium-tax-program/) — New Mexico Taxation and Revenue Department; Current program page distinguishes surplus-lines broker premium tax from self-procured nonadmitted-insurance tax under §7-40-3(A). It does not display the surplus-lines rate.. Accessed 2026-09-28.
[^9]: [NMSA 1978, Chapter 59A, Article 14, Surplus Lines Insurance](https://nmonesource.com/nmos/nmsa/en/item/4416/index.do) — New Mexico Legislature / New Mexico Compilation Commission; Surplus-lines act; insurer notice, licensing and placement provisions. Direct statute host should be checked if it changes route.. Accessed 2026-09-28.
[^10]: [NMSA 1978, §59A-14-5](https://nmonesource.com/nmos/nmsa/en/item/4416/index.do) — New Mexico Legislature / New Mexico Compilation Commission; Surplus-lines policy notice describes lack of state guaranty association protection.. Accessed 2026-09-28.
[^11]: [Licenses](https://www.at-bay.com/licenses/) — At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
[^12]: [Licenses and Carriers](https://www.coalitioninc.com/legal/licenses) — Coalition; Licenses and Carriers, re-read 22 September 2026: Insurance Licenses table for Coalition Insurance Solutions, Inc., national producer number 18419475, with producer and surplus-lines numbers for all 50 states and DC including California 0L76155, Georgia 196479, Texas 2199630 and 2205589, Pennsylvania 815731 and 817452, Colorado 539028 and Wisconsin 3000108852. Insurance Carriers table naming, with NAIC numbers, Allianz Underwriters Insurance Company 36420, Arch Specialty Insurance Company 21199, Ascot Specialty Insurance Company 45055, Ascot Insurance Company 23752, Aspen Specialty Insurance Company 10717, Chaucer Insurance Company DAC, Coalition Insurance Company 29530, Fireman's Fund Indemnity Corporation 11380, Fortegra Specialty Insurance Company 16823, Lloyd's of London, MSIG Specialty Insurance USA Inc. 34886, MS Transverse Specialty Insurance Company 41807, Steadfast Insurance Company 26387, Vantage Risk Specialty Insurance Company 16275 and Zurich American Insurance Company 16535.. Accessed 2026-09-22.
[^13]: [About Hiscox US Insurance](https://www.hiscox.com/about-hiscox-insurance) — Hiscox; Hiscox Insurance Company Inc. NAIC 10200 as Chicago, IL domiciled insurer admitted or licensed in all 50 states and D.C.; Hiscox Inc. as general agent and Lloyd’s coverholder for Syndicates 33 and 3624; surplus-lines placements through licensed surplus-lines brokers; A.M. Best rating statement. Accessed 2026-09-16.
[^14]: [Licenses](https://www.nextinsurance.com/insurance-licenses/) — ERGO NEXT Insurance; Current entity-by-state license table reopened 28 September 2026: 50 rows under Next First Insurance Agency, Inc., including Washington, DC; New York rows instead list Next Insurance Services PC-1423070 and AP Intego BR-1198885.. Accessed 2026-09-28.
[^15]: [Insurance Licenses by State](https://www.techinsurance.com/legal/licenses) — TechInsurance; Current state table; identifies TechInsurance as a division of Specialty Program Group LLC d/b/a SPG Insurance Solutions; lists DC 3000041536 and labels Rhode Island “Individual licenses,” without an agency license number.. Accessed 2026-09-28.
[^16]: [Licenses](https://www.vouch.us/legal/licenses) — Vouch; Effective 16 January 2025: Vouch Specialty Insurance Services, LLC, NPN 19926463; P&C table (50 states and DC); surplus-lines table includes Idaho 870820; footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses; Idaho retained as producer-only due to conflict.. Accessed 2026-09-15.

Updated 2026-09-28.

This guide is informational and does not determine whether a policy is available or meets your needs. [Editorial policy](/editorial-policy). To suggest a correction, [contact Spot](/contact) with a supporting source.

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