USA Statutes : nevada
Title : Title 18 - STATE EXECUTIVE DEPARTMENT
Chapter : CHAPTER 233 - NEVADA EQUAL RIGHTS COMMISSION
1. It is hereby declared to be the public policy of the State of
Nevada to protect the welfare, prosperity, health and peace of all the
people of the State, and to foster the right of all persons reasonably to
seek, obtain and hold employment and housing accommodations without
discrimination, distinction or restriction because of race, religious
creed, color, age, sex, disability, national origin or ancestry.
2. It is hereby declared to be the public policy of the State of
Nevada to protect the welfare, prosperity, health and peace of all the
people of the State, and to foster the right of all persons reasonably to
seek and be granted services in places of public accommodation without
discrimination, distinction or restriction because of race, religious
creed, color, age, sex, disability, sexual orientation, national origin
or ancestry.
3. It is recognized that the people of this State should be
afforded full and accurate information concerning actual and alleged
practices of discrimination and acts of prejudice, and that such
information may provide the basis for formulating statutory remedies of
equal protection and opportunity for all citizens in this State.
(Added to NRS by 1961, 731; A 1975, 1453; 1991, 1018; 2005, 22nd
Special Session, 93 )
As used in this chapter:
1. “Administrator” means the Administrator of the Commission.
2. “Commission” means the Nevada Equal Rights Commission within
the Department of Employment, Training and Rehabilitation.
3. “Disability” means, with respect to a person:
(a) A physical or mental impairment that substantially limits one
or more of the major life activities of the person;
(b) A record of such an impairment; or
(c) Being regarded as having such an impairment.
4. “Member” means a member of the Nevada Equal Rights Commission.
5. “Sexual orientation” means having or being perceived as having
an orientation for heterosexuality, homosexuality or bisexuality.
(Added to NRS by 1961, 732; A 1971, 886; 1975, 222; 1991, 1019;
2003, 1326 ; 2005, 22nd Special Session, 93 )
1. The Nevada Equal Rights Commission consisting of five members
appointed by the Governor, is hereby created.
2. Each member of the Commission is entitled to receive a salary
of not more than $80, as fixed by the Commission, for each day actually
employed on the work of the Commission.
3. While engaged in the business of the Commission, each member
and employee of the Commission is entitled to receive the per diem
allowance and travel expenses provided for state officers and employees
generally.
(Added to NRS by 1961, 732; A 1975, 222, 1094; 1977, 1181; 1981,
1978; 1985, 411; 1989, 1708)
The members of the
Commission must be representative of religious, disabled, racial and
ethnic groups of both sexes in the State.
(Added to NRS by 1961, 732; A 1975, 1453; 1991, 1019)
1. The Governor shall appoint a Chairman of the Commission and the
members shall elect a Secretary from the membership of the Commission.
2. The Commission may meet regularly at least twice a year on the
call of the Chairman at a place designated by the Chairman or a majority
of the Commission.
3. The employees of the Commission are in the classified service
of the State.
(Added to NRS by 1961, 732; A 1967, 1492; 1971, 1429; 1973, 444;
1981, 1375; 1983, 1437)
The Commission shall, on or before January
15, 1963, and every January 15 of each odd-numbered year thereafter,
prepare and submit a report concerning its activities to the Governor and
the Director of the Legislative Counsel Bureau. The Director of the
Legislative Counsel Bureau shall cause such report to be made available
to each Senator and Assemblyman.
(Added to NRS by 1961, 733; A 1963, 1031)
The Governor may designate
another agency to perform the duties and functions of the Commission set
forth in NRS 233.150 , 233.160 , 233.165 and
233.170 .
(Added to NRS by 1995, 1989)
The
Governor shall appoint an Administrator of the Commission. The
Administrator must have had successful experience in the administration
and promotion of a program comparable to the program provided by this
chapter.
(Added to NRS by 1971, 885; A 1977, 1182; 2003, 1326 )
The Administrator is
in the unclassified service of the State.
(Added to NRS by 1971, 885; A 1985, 412; 1995, 1989; 2003, 1326
)
The Administrator shall:
1. Be jointly responsible to the Governor and the Commission.
2. Direct and supervise all of the technical and administrative
activities of the Commission.
3. Perform any lawful act which he considers necessary or
desirable to carry out the purposes and provisions of this chapter.
(Added to NRS by 1971, 886; A 2003, 1326 )
The Commission shall:
1. Foster mutual understanding and respect among all racial,
religious, disabled and ethnic groups and between the sexes in the State.
2. Aid in securing equal health and welfare services and
facilities for all the residents of the State without regard to race,
religion, sex, age, disability or nationality.
3. Study problems arising between groups within the State which
may result in tensions, discrimination or prejudice because of race,
color, creed, sex, age, disability, national origin or ancestry, and
formulate and carry out programs of education and disseminate information
with the object of discouraging and eliminating any such tensions,
prejudices or discrimination.
4. Secure the cooperation of various racial, religious, disabled,
nationality and ethnic groups, veterans’ organizations, labor
organizations, business and industry organizations and fraternal,
benevolent and service groups, in educational campaigns devoted to the
need for eliminating group prejudice, racial or area tensions,
intolerance or discrimination.
5. Cooperate with and seek the cooperation of federal and state
agencies and departments in carrying out projects within their respective
authorities to eliminate intergroup tensions and to promote intergroup
harmony.
(Added to NRS by 1961, 732; A 1965, 695; 1975, 1453; 1977, 49,
1603; 1991, 1019)
The Commission may:
1. Order its Administrator to:
(a) With regard to public accommodation, investigate tensions,
practices of discrimination and acts of prejudice against any person or
group because of race, color, creed, sex, age, disability, sexual
orientation, national origin or ancestry, and may conduct hearings with
regard thereto.
(b) With regard to employment and housing, investigate tensions,
practices of discrimination and acts of prejudice against any person or
group because of race, color, creed, sex, age, disability, national
origin or ancestry, and may conduct hearings with regard thereto.
2. Mediate between or reconcile the persons or groups involved in
those tensions, practices and acts.
3. Issue subpoenas for the attendance of witnesses or for the
production of documents or tangible evidence relevant to any
investigations or hearings conducted by the Commission.
4. Delegate its power to hold hearings and issue subpoenas to any
of its members or any hearing officer in its employ.
5. Adopt reasonable regulations necessary for the Commission to
carry out the functions assigned to it by law.
(Added to NRS by 1977, 1605; A 1979, 615; 1991, 1019; 1995, 1989;
2003, 1327 ; 2005, 22nd Special Session, 93 )
1. The Commission shall not contract with or enter into a
memorandum of understanding with the United States Department of Housing
and Urban Development for the Commission to investigate and enforce laws
relating to fair housing as a certified agency unless the Legislature, by
resolution or other appropriate legislative measure, expressly authorizes
the Commission to do so.
2. As used in this section:
(a) “Certified agency” has the meaning ascribed to it in 24 C.F.R.
§ 115.100(c). The term refers to the certification of an agency as
substantially equivalent as described in 42 U.S.C. § 3610(f)(3)(A) and 24
C.F.R. Part 115, Subpart B.
(b) “Memorandum of understanding” means the memorandum of
understanding described in 24 C.F.R. § 115.210.
(Added to NRS by 2005, 22nd Special Session, 92 )
All gifts of money which the Commission is
authorized to accept must be deposited with the State Treasurer for
credit to the Nevada Equal Rights Commission Gift Fund which is hereby
created as a trust fund.
(Added to NRS by 1979, 616; A 1983, 386)
The
Commission shall accept any complaint alleging an unlawful discriminatory
practice over which it has jurisdiction pursuant to this chapter. The
Commission shall adopt regulations setting forth the manner in which the
Commission will process any such complaint and determine whether to hold
an informal meeting or conduct an investigation concerning the complaint.
(Added to NRS by 2003, 1326 )
[Effective until
the date the Governor declares that the Federal Government has determined
that certain provisions of NRS provide rights and remedies for alleged
discriminatory housing practices substantially equivalent to federal law.]
1. A complaint which alleges unlawful discriminatory practices in:
(a) Housing must be filed with the Commission not later than 1 year
after the date of the occurrence of the alleged practice or the date on
which the practice terminated.
(b) Employment or public accommodations must be filed with the
Commission not later than 300 days after the date of the occurrence of
the alleged practice.
Ê A complaint is timely if it is filed with an appropriate federal agency
within that period. A complainant shall not file a complaint with the
Commission if any other state or federal administrative body or officer
which has comparable jurisdiction to adjudicate complaints of
discriminatory practices has made a decision upon a complaint based upon
the same facts and legal theory.
2. The complainant shall specify in the complaint the alleged
unlawful practice and sign it under oath.
3. The Commission shall send to the party against whom an unlawful
discriminatory practice is alleged:
(a) A copy of the complaint;
(b) An explanation of the rights which are available to him; and
(c) A copy of the Commission’s procedures.
(Added to NRS by 1977, 1606; A 1983, 661; 1991, 1982; 2005, 22nd
Special Session, 94 )
[Effective on the date the Governor declares that the Federal Government
has determined that certain provisions of NRS provide rights and remedies
for alleged discriminatory housing practices substantially equivalent to
federal law.]
1. A complaint which alleges an unlawful discriminatory practice
in:
(a) Housing must be filed with the Commission not later than 1 year
after the date of the occurrence of the alleged practice or the date on
which the practice terminated.
(b) Employment or public accommodations must be filed with the
Commission not later than 300 days after the date of the occurrence of
the alleged practice.
Ê A complaint is timely if it is filed with an appropriate federal agency
within that period. A complainant shall not file a complaint with the
Commission if any other state or federal administrative body or officer
which has comparable jurisdiction to adjudicate complaints of
discriminatory practices has made a decision upon a complaint based upon
the same facts and legal theory.
2. The complainant shall specify in the complaint the alleged
unlawful practice. The complaint must be in writing and signed, under
oath, by the complainant.
3. If the complaint alleges an unlawful discriminatory practice in
housing, the Commission shall serve upon the complainant:
(a) Notice that the complaint was filed with the Commission;
(b) A copy of the Commission’s procedures;
(c) The information set forth in subsection 5 of NRS 233.170 ; and
(d) Information relating to the state and federal administrative
bodies and courts with which he may file the complaint.
4. The Commission shall send to the party against whom an unlawful
discriminatory practice is alleged:
(a) A copy of the complaint;
(b) An explanation of the rights which are available to him; and
(c) A copy of the Commission’s procedures.
Ê If the complaint alleges an unlawful discriminatory practice in
housing, the Commission shall comply with the requirements of this
subsection within 10 days after it receives the complaint.
5. A person against whom an unlawful discriminatory practice in
housing is alleged may file with the Commission an answer to the
complaint filed against him not later than 10 days after he receives the
information described in subsection 4.
(Added to NRS by 1977, 1606; A 1983, 661; 1991, 1982; 1995, 1989;
2005, 22nd Special Session, 94 , effective on the date the
Governor declares that the Federal Government has determined that certain
provisions of NRS provide rights and remedies for alleged discriminatory
housing practices substantially equivalent to federal law)
[Effective on
the date the Governor declares that the Federal Government has determined
that certain provisions of NRS provide rights and remedies for alleged
discriminatory housing practices substantially equivalent to federal law.]
1. If the Commission determines to conduct an investigation of a
complaint which alleges an unlawful discriminatory practice in housing in
accordance with the regulations adopted pursuant to NRS 233.157 , the Commission must:
(a) Begin an investigation of the complaint within 30 days after it
receives the complaint.
(b) Complete its investigation of the complaint within 100 days
after it receives the complaint unless it is impracticable to do so.
(c) Make a final disposition of the complaint within 1 year after
the date it receives the complaint unless it is impracticable to do so.
2. If the Commission determines that it is impracticable to
complete an investigation or make a final disposition of a complaint
which alleges an unlawful discriminatory practice in housing within the
period prescribed in subsection 1, the Commission shall send to the
complainant and the person against whom the complaint was filed a
statement setting forth its reasons for not completing the investigation
or making a final disposition of the complaint within that period.
(Added to NRS by 1995, 1989; A 2003, 1327 , effective on the date the Governor
declares that the Federal Government has determined that certain
provisions of NRS provide rights and remedies for alleged discriminatory
housing practices substantially equivalent to federal law)
[Effective until the date
the Governor declares that the Federal Government has determined that
certain provisions of NRS provide rights and remedies for alleged
discriminatory housing practices substantially equivalent to federal law.]
1. When a complaint is filed whose allegations if true would
support a finding of unlawful practice, the Commission shall determine
whether to hold an informal meeting to attempt a settlement of the
dispute in accordance with the regulations adopted pursuant to NRS
233.157 . If the Commission determines
to hold an informal meeting, the Administrator may, to prepare for the
meeting, request from each party any information which is reasonably
relevant to the complaint. No further action may be taken if the parties
agree to a settlement.
2. If an agreement is not reached at the informal meeting, the
Administrator shall determine whether to conduct an investigation into
the alleged unlawful practice in accordance with the regulations adopted
pursuant to NRS 233.157 . After the
investigation, if the Administrator determines that an unlawful practice
has occurred, the Administrator shall attempt to mediate between or
reconcile the parties. The party against whom a complaint was filed may
agree to cease the unlawful practice. If an agreement is reached, no
further action may be taken by the complainant or by the Commission.
3. If the attempts at mediation or conciliation fail, the
Commission may hold a public hearing on the matter. After the hearing, if
the Commission determines that an unlawful practice has occurred, it may:
(a) Serve a copy of its findings of fact within 10 calendar days
upon any person found to have engaged in the unlawful practice; and
(b) Order the person to:
(1) Cease and desist from the unlawful practice.
(2) In cases involving an unlawful employment practice,
restore all benefits and rights to which the aggrieved person is
entitled, including, but not limited to, rehiring, back pay for a period
not to exceed 2 years after the date of the most recent unlawful
practice, annual leave time, sick leave time or pay, other fringe
benefits and seniority, with interest thereon from the date of the
Commission’s decision at a rate equal to the prime rate at the largest
bank in Nevada, as ascertained by the Commissioner of Financial
Institutions, on January 1 or July 1, as the case may be, immediately
preceding the date of the Commission’s decision, plus 2 percent. The rate
of interest must be adjusted accordingly on each January 1 and July 1
thereafter until the judgment is satisfied.
4. The order of the Commission is a final decision in a contested
case for the purpose of judicial review. If the person fails to comply
with the Commission’s order, the Commission shall apply to the district
court for an order compelling such compliance, but failure or delay on
the part of the Commission does not prejudice the right of an aggrieved
party to judicial review. The court shall issue the order unless it finds
that the Commission’s findings or order are not supported by substantial
evidence or are otherwise arbitrary or capricious. If the court upholds
the Commission’s order and finds that the person has violated the order
by failing to cease and desist from the unlawful practice or to make the
payment ordered, the court shall award the aggrieved party actual damages
for any economic loss and no more.
5. After the Commission has held a public hearing and rendered a
decision, the complainant is barred from proceeding on the same facts and
legal theory before any other administrative body or officer.
(Added to NRS by 1961, 732; A 1975, 776, 1454; 1977, 62, 1604;
1983, 771; 1987, 941; 2003, 1327 )
[Effective on the date the Governor declares that the
Federal Government has determined that certain provisions of NRS provide
rights and remedies for alleged discriminatory housing practices
substantially equivalent to federal law.]
1. When a complaint is filed whose allegations if true would
support a finding of unlawful practice, the Commission shall determine
whether to hold an informal meeting to attempt a settlement of the
dispute in accordance with the regulations adopted pursuant to NRS
233.157 . If the Commission determines
to hold an informal meeting, the Administrator may, to prepare for the
meeting, request from each party any information which is reasonably
relevant to the complaint. Except as otherwise provided in subsection 3,
no further action may be taken if the parties agree to a settlement.
2. If an agreement is not reached at the informal meeting, the
Administrator shall determine whether to conduct an investigation into
the alleged unlawful practice in accordance with the regulations adopted
pursuant to NRS 233.157 . After the
investigation, if the Administrator determines that an unlawful practice
has occurred, the Administrator shall attempt to mediate between or
reconcile the parties. The party against whom a complaint was filed may
agree to cease the unlawful practice. Except as otherwise provided in
subsection 3, if an agreement is reached, no further action may be taken
by the complainant or by the Commission.
3. If an agreement is reached by the parties in a case involving a
discriminatory practice in housing, the agreement must be approved by the
Commission. The agreement must be made public unless the parties
otherwise agree and the Commission determines that disclosure is not
necessary to further the purposes of chapter 118 of NRS.
4. If the attempts at mediation or conciliation fail in a case
involving an unlawful practice in employment or public accommodations,
the Commission may hold a public hearing on the matter. After the
hearing, if the Commission determines that an unlawful practice has
occurred, it may:
(a) Serve a copy of its findings of fact within 10 calendar days
upon any person found to have engaged in the unlawful practice; and
(b) Order the person to:
(1) Cease and desist from the unlawful practice.
(2) In cases involving an unlawful employment practice,
restore all benefits and rights to which the aggrieved person is
entitled, including, but not limited to, rehiring, back pay for a period
not to exceed 2 years after the date of the most recent unlawful
practice, annual leave time, sick leave time or pay, other fringe
benefits and seniority, with interest thereon from the date of the
Commission’s decision at a rate equal to the prime rate at the largest
bank in Nevada, as ascertained by the Commissioner of Financial
Institutions, on January 1 or July 1, as the case may be, immediately
preceding the date of the Commission’s decision, plus 2 percent. The rate
of interest must be adjusted accordingly on each January 1 and July 1
thereafter until the judgment is satisfied.
5. If the attempts at mediation or conciliation fail in a case
involving an unlawful housing practice:
(a) The complainant or the person against whom the complaint was
filed may elect to have the claims included in the complaint decided in a
court of competent jurisdiction. If the court determines that the person
against whom the complaint was filed has committed an unlawful housing
practice, the court may:
(1) Award to the complainant actual damages and, within the
limitations prescribed by federal law, punitive damages.
(2) Award to the prevailing party costs and reasonable
attorney’s fees.
(3) Order such other relief as the court deems appropriate,
including, but not limited to:
(I) Ordering a permanent or temporary injunction;
(II) Issuing a temporary restraining order; or
(III) Enjoining the defendant from continuing the
unlawful practice or taking other such affirmative action.
(b) If an election is not made pursuant to paragraph (a), the
Commission shall hold a public hearing on the matter. After the hearing,
if the Commission determines that an unlawful practice has occurred, it
may:
(1) Serve a copy of its findings of fact within 10 days upon
any person found to have engaged in the unlawful practice;
(2) Order the person to cease and desist from the unlawful
practice;
(3) Award to the complainant actual damages; and
(4) Impose a civil penalty of not more than $25,000 upon the
person who committed the unlawful discriminatory practice.
6. The order of the Commission is a final decision in a contested
case for the purpose of judicial review. If the person fails to comply
with the Commission’s order, the Commission shall apply to the district
court for an order compelling such compliance, but failure or delay on
the part of the Commission does not prejudice the right of an aggrieved
party to judicial review. The court shall issue the order unless it finds
that the Commission’s findings or order are not supported by substantial
evidence or are otherwise arbitrary or capricious. If the court upholds
the Commission’s order and finds that the person has violated the order
by failing to cease and desist from the unlawful practice or to make the
payment ordered, the court shall award the aggrieved party actual damages
for any economic loss and no more.
7. After the Commission has held a public hearing and rendered a
decision, the complainant is barred from proceeding on the same facts and
legal theory before any other administrative body or officer.
(Added to NRS by 1961, 732; A 1975, 776, 1454; 1977, 62, 1604;
1983, 771; 1987, 941; 1995, 1990; 1997, 52; 2003, 1327 , 1328 , effective on the date the Governor
declares that the Federal Government has determined that certain
provisions of NRS provide rights and remedies for alleged discriminatory
housing practices substantially equivalent to federal law)
If, after the Administrator has
conducted a preliminary investigation into an alleged unlawful
discriminatory practice in housing, employment or public accommodations,
the Commission determines that the practice will cause immediate and
irreparable harm to any person aggrieved by the practice, the Commission,
after the informal meeting and before holding a public hearing upon the
matter, may apply on behalf of such person to the district court for a
temporary restraining order or preliminary injunction as provided in the
Nevada Rules of Civil Procedure.
(Added to NRS by 1977, 1606; A 2003, 1330 )
1. Except as otherwise provided in this section, any information
gathered by the Commission in the course of its investigation of an
alleged unlawful discriminatory practice in housing, employment or public
accommodations is confidential.
2. The Commission may disclose information gathered pursuant to
subsection 1 to:
(a) Any governmental entity as appropriate or necessary to carry
out its duties pursuant to this chapter; or
(b) To any other person if the information is provided in a manner
which does not include any information that may be used to identify the
complainant, the party against whom the unlawful discriminatory practice
is alleged or any person who provided information to the Commission
during the investigation.
3. Except as otherwise provided in subsection 4, the Commission
shall disclose information gathered pursuant to subsection 1 to the
complainant and the party against whom the unlawful discriminatory
practice is alleged if:
(a) Each has consented to such disclosure; or
(b) The Commission has determined to conduct a hearing on the
matter or apply for a temporary restraining order or an injunction or an
action has been filed in court concerning the complaint.
4. The Commission may not disclose to the complainant or the party
against whom the unlawful discriminatory practice is alleged:
(a) Any information obtained during negotiations for a settlement
or attempts at mediating or conciliating the complaint.
(b) Any investigative notes or reports made by the Commission.
(c) Any information that may be used to identify a person who
provided information to the Commission during the investigation and who
has requested anonymity.
5. Except as otherwise provided in this section, if the
Commission’s attempts at mediating or conciliating the cause of the
grievance succeed, the information gathered pursuant to subsection 1 must
remain confidential.
6. If the Commission proceeds with a hearing or applies for
injunctive relief, confidentiality concerning any information, except
negotiations for a settlement or attempts at mediating or conciliating
the cause of the grievance, is no longer required.
(Added to NRS by 1977, 1606; A 2003, 1330 )
After the completion of any
hearing the Commission shall make a report in writing to the Governor
setting forth its findings of fact and recommendations or actions taken
pursuant to this chapter. The Commission shall use its best efforts to
bring about compliance with its recommendations.
(Added to NRS by 1977, 1606)
NRS 233.210 Unlawful acts; penalty. Any person who willfully
resists, prevents, impedes or interferes with the Commission, its
members, the Administrator or agents in the performance of duties
pursuant to this chapter shall be fined not more than $500.
(Added to NRS by 1971, 886; A 1979, 1463; 1985, 256; 2003, 1331
)
