Discrimination - Other - Nevada

Summary of differences between federal and state regulations

The Nevada Equal Rights Commission enforces the discrimination provisions of Title VII of the Civil Rights Act. The federally protected classes in employment discrimination include race, color, religion, national origin, age (40 and over), sex (including pregnancy, sexual orientation, and gender identity), disability, and genetic information.

The Nevada law identifies the following protected classes for purposes of employment discrimination:

• Race (includes traits associated with race, including, hair texture and protective hairstyles, such as natural hairstyles, afros, Bantu knots, curls, braids, locks and twists),
• Color,
• Religion,
• Sex,
• Sexual orientation,
• Gender identity or expression,
• Age,
• Disability,
• National origin,
• Pregnancy (including childbirth and related medical conditions; reasonable accommodation required), and
• Criminal history (government entities may not consider the criminal history of an applicant without following certain procedures).

The main Nevada employment discrimination law applies to employers with 15 or more employees.

Disability discrimination

Disability discrimination in Nevada means, with respect to a person, a physical or mental impairment that substantially limits one or more of the major life activities of the person, including, without limitation, the HIV virus.

Discrimination also includes interfering, directly or indirectly, with the use of an aid or appliance, including refusal to permit service animal (other than a miniature horse) at place of employment.

Sexual orientation / Gender identity or expression

“Sexual orientation” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.

Effective October 1, 2011, employers are prohibited from discriminating on the basis of “gender identity or expression,” which is defined as “gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth.”

Posting

The Nevada Equal Rights Commission has a poster which states that discrimination is against the law, and provides contact information for the Commission.

Use of Lawful products

Employers are prohibited from discriminating against applicants or employees because of the lawful use of any product outside working hours and off the employer’s premises if that use does not adversely affect the employee’s ability to perform his job or the safety of other employees.

CROWN Act

Various sections of the Nevada CROWN Act (SB327) define “race” for purposes of discrimination to include traits associated with race, including, without limitation, hair texture and “protective hairstyles.” “Protective hairstyle” is defined to include, without limitation, hairstyles such as natural hairstyles, afros, Bantu knots, curls, braids, locks and twists.

Similar protections were provided by the Act in other contexts. For example, “race” was defined to include traits associated with race for the purpose of prohibiting discrimination based on race within the State Personnel System. Provisions governing relations with local government employers were also revised to prohibit discrimination on the basis of traits associated with race.

Notwithstanding the CROWN Act antidiscrimination protections for hair texture and protective hairstyles, employers, both public and private, are allowed to enforce federal and state safety and health requirements with regards to hair.

Existing Nevada law authorizes the Nevada Equal Rights Commission to investigate tensions, practices of discrimination and acts of prejudice against any person regarding employment based on race, color, creed, sex, age, disability, gender identity or expression, national origin or ancestry. If the Commission does not conclude that an unfair employment practice has occurred, the CROWN Act requires the Commission to provide the complainant with certain information relating to the filing of a charge alleging an unlawful employment practice with the U.S. Equal Employment Opportunity Commission (EEOC) and the process by which the EEOC conducts a review of the Nevada Equal Rights Commission’s conclusion.

The CROWN Act sets forth certain requirements governing testing that is used by a county, city or school district, respectively, for a decision regarding the promotion of an employee and makes it a category E felony to tamper with the score of a test taken by an employee.

Existing Nevada law sets forth the subjects that are subject to negotiation with an employee organization for the purposes of a collective bargaining agreement. The CROWN Act provides that the requirements governing testing that is used by a county, city or school district, respectively, for a decision regarding the promotion of an employee are not subject to such negotiation.

State

Related information

Protected classes ezExplanation

Contact

Equal Rights Commission

Regulations

Nev. Rev. Stat. Ann. § 613.330 Unlawful employment practices

Nev. Rev. Stat. Ann. § 613.310 Definitions

Nev. Rev. Stat. Ann. § 613.438 Unlawful employment practices: Adverse employment actions relating to accommodations for conditions relating to pregnancy, childbirth or related medical conditions

Nevada Revised Statutes Title 18, Chapter 233

Nev. Rev. Stat. Ann. § 233.010 Declaration of public policy

Nev. Rev. Stat. Ann. § 284.150 State Human Resources System; Limitations on appointment, transfer, promotion, demotion or discharge; discrimination prohibited.

Nev. Rev. Stat. Ann. § 284.385 Dismissal, demotions and suspensions

Nev. Rev. Stat. Ann. § 288.270 Relations Between Governments and Public Employees; Employer or representative; employee or employee organization.

Nev. Rev. Stat. Ann. § 233.207 Nevada Equal Rights Commission - Authority of employers to enforce health and safety requirements notwithstanding protections for hair texture and protective hairstyles

Nev. Rev. Stat. Ann. § 281.371 Employer authorized to enforce health and safety requirements notwithstanding protections for hair texture and protective hairstyles

Nev. Rev. Stat. Ann. § 284.023 State Human Resources System - Appointing authority authorized to enforce health and safety requirements notwithstanding protections for hair texture and protective hairstyles.

Nev. Rev. Stat. Ann. § 288.077 Relations Between Governments and Public Employees - Employer authorized to enforce health and safety requirements notwithstanding protections for hair texture and protective hairstyles

Nev. Rev. Stat. Ann. § 338.127 Public Works - Employer authorized to enforce health and safety requirements notwithstanding protections for hair texture and protective hairstyles.

Nev. Rev. Stat. Ann. § 610.195 Apprenticeships - Employer’s authority to enforce statutory health and safety requirements notwithstanding antidiscrimination protections relating to hair texture and protective hairstyles.

Nev. Rev. Stat. Ann. § 613.224 Employment Practices - Employer’s authority to enforce statutory health and safety requirements notwithstanding antidiscrimination protections relating to hair texture and protective hairstyles.

Nev. Rev. Stat. Ann. § 613.420 Employment Practices - Nevada Equal Rights Commission to issue letter and right-to-sue notice after unfavorable decision by Commission; civil action in district court for order to restore rights.

Nev. Rev. Stat. Ann. § 245.063 Counties: Officers and Employees Generally - Use of testing as factor in promotion of employees: Requirements; appeals; exception.

Nev. Rev. Stat. Ann. § 268.4069 Powers and Duties Common to Cities and Towns Incorporated Under General or Special Laws - Use of testing as factor in promotion of employee: Requirements; appeals; exclusion

Nev. Rev. Stat. Ann. § 288.150 Relations Between Governments and Public Employees - Negotiations by employer with recognized employee organization: Subjects of mandatory bargaining; matters reserved to employer without negotiation; reopening of collective bargaining agreement during period of fiscal emergency; termination or reassignment of employees of certain schools.

Nev. Rev. Stat. Ann. § 388.133 System of Public Instruction - Policy by Department concerning safe and respectful learning environment

Nev. Rev. Stat. Ann. § 391.1605 Determination of salaries: Use of testing as factor in vertical promotion; appeals; prohibited acts; exception

Nev. Rev. Stat. Ann. § 233.010 3. (a) and (b) Nevada Equal Rights Commission - Declaration of public policy; Definitions or "race" and "protective hairstyles"

Nevada Administrative Code Chapter 233

Federal

Contact

Equal Employment Opportunity Commission (EEOC)

Regulations

See applicable discrimination topic.