USA Statutes : nevada
Title : Title 53 - LABOR AND INDUSTRIAL RELATIONS
Chapter : CHAPTER 613 - EMPLOYMENT PRACTICES
1. It shall be unlawful for any person, persons, company,
corporation, society, association or organization of any kind doing
business in this state by himself, itself, themselves, his, its or their
agents or attorneys to induce, influence, persuade or engage workmen to
change from one place to another in this state, or to bring workmen of
any class or calling into this state to work in any of the departments of
labor in this state, through means of false or deceptive representations,
false advertising or false pretenses concerning:
(a) The kind and character of the work to be done;
(b) The amount and character of the compensation to be paid for
such work;
(c) The sanitary or other conditions of their employment; or
(d) The existence or nonexistence of a strike or other trouble
pending between the employer and employees at the time of or prior to
such engagement, proposal or contract for such employment of workmen.
2. Any person, persons, company, corporation, society, association
or organization of any kind doing business in this state, as well as his,
their or its agents, attorneys, servants or associates, violating any of
the provisions of subsection 1 is guilty of a gross misdemeanor.
3. Any workman of this state or any workman of another state who
has been or shall be influenced, induced or persuaded to engage with any
person mentioned in subsection 1, or any company, corporation, society or
organization mentioned in subsection 1, through or by means of any of the
things therein prohibited, shall have a cause of action for recovery and
may recover at law for all damages that he shall have sustained in
consequence of the false or deceptive representations, false advertising
or false pretenses used to induce him to change his place of employment,
or place of abode in case such workman shall not be then employed at the
time of such inducement and hiring, against any person or persons,
corporations, companies or associations directly or indirectly causing
such damages. In any action under this section for the recovery of such
damages, the court shall have the power to award a reasonable attorney’s
fee in favor of the prevailing party, which fee shall be taxed as costs
against the losing party therein.
[1:154:1911; RL § 1936; NCL § 2772] + [2:154:1911; RL § 1937; NCL §
2773] + [3:154:1911; RL § 1938; NCL § 2774]—(NRS A 1967, 631)
Every employment agent or broker who, with intent to
influence the action of any person thereby, shall misstate or
misrepresent verbally or in any writing or advertisement any material
matter relating to the demand for labor, the conditions under which any
labor or service is to be performed, the duration thereof or the wages to
be paid therefor, shall be guilty of a misdemeanor.
[1911 C&P § 520; RL § 6785; NCL § 10466]
Any person, persons,
partnership, association, company or corporation, or his or its officers,
directors or agents, who or which shall employ for wages any person or
persons in any occupation, and who or which at the time of employing such
person or persons shall make any false representation or pretenses as to
having sufficient funds to pay such wages, and who after labor has been
done under such employment by the employee or employees shall fail upon
the discharge or resignation of such employee or employees, for a period
of 5 days after such wages are legally payable, to pay the employee or
employees on demand the wages due the employee or employees for such
labor, shall be guilty of a misdemeanor.
[1:276:1913; 1919 RL p. 3390; NCL § 10601]—(NRS A 1967, 632)
POLITICAL AFFILIATIONS
It shall be unlawful for any person, firm or corporation doing
business or employing labor in the State of Nevada to make any rule or
regulation prohibiting or preventing any employee from engaging in
politics or becoming a candidate for any public office in this state.
[1:62:1915; 1919 RL p. 3391; NCL § 10602]
1. Any person, firm or corporation convicted of violating the
provisions of NRS 613.040 to 613.070
, inclusive, shall be punished by a fine
of not more than $5,000.
2. The penalty must be recovered in a suit brought for that
purpose by the Attorney General in the name of and for the benefit of the
State of Nevada, but the prosecution must not be commenced later than 3
months after the commission of the offense described in NRS 613.040
.
3. If a penalty is imposed pursuant to this section, the costs of
the proceeding, including investigative costs and attorney’s fees, may be
recovered by the Attorney General.
[Part 2:62:1915; 1919 RL p. 3391; NCL § 10603]—(NRS A 1967, 632;
1993, 900)
In all prosecutions under NRS 613.040 to 613.070 ,
inclusive, the person, firm or corporation violating the provisions of
NRS 613.040 to 613.070 , inclusive, shall be held responsible for the
acts of his or its managers, officers, agents and employees.
[Part 2:62:1915; 1919 RL p. 3391; NCL § 10603]
Nothing contained in
NRS 613.040 to 613.060 , inclusive, shall be construed to prevent the
injured employee from recovering damages from his employer for injury
suffered through a violation of NRS 613.040 to 613.060 ,
inclusive.
[3:62:1915; 1919 RL p. 3391; NCL § 10604]
RECORDS REGARDING EMPLOYEES
1. Any person or governmental entity who employs and has under his
direction and control any person for wages or under a contract of hire,
or any labor organization referring a person to an employer for
employment, shall, upon the request of that employee or person referred:
(a) Give him a reasonable opportunity, during the usual hours of
business, to inspect any records kept by that employer or labor
organization containing information used:
(1) By the employer or labor organization to determine the
qualifications of that employee and any disciplinary action taken against
him, including termination from that employment; or
(2) By the labor organization with respect to that person’s
position on its list concerning past, present and future referrals for
employment; and
(b) Furnish him with a copy of those records.
Ê The records to be made available do not include confidential reports
from previous employers or investigative agencies, other confidential
investigative files concerning the employee or person referred or
information concerning the investigation, arrest or conviction of that
person for a violation of any law.
2. An employer or labor organization shall allow an employee or
person referred to submit a reasonable written explanation in direct
response to any written entry in the records of employment regarding the
employee or person. Any such written explanation must be reasonable in
length, in a format prescribed by the employer and maintained by the
employer or labor organization in the records of employment.
3. An employer or labor organization shall not maintain a secret
record of employment regarding an employee or person referred.
4. Upon termination of employment, an employer shall allow an
employee to inspect his records of employment within 60 days after his
termination of employment and shall, if requested by that former employee
within that period, furnish him with a copy of those records.
5. An employer or labor organization may only charge an employee
or person referred an amount equal to the actual cost of providing access
to and copies of his records of employment.
6. The employee or person referred shall, if he contends that any
information contained in the records is inaccurate or incomplete, notify
his employer or the labor organization in writing of his contention. If
the employer or labor organization finds that the contention of that
employee or person is correct, it shall change the information
accordingly.
7. No copies may be furnished to an employee or former employee
under this section unless he has been or was employed for more than 60
days.
(Added to NRS by 1985, 1080; A 1997, 1024)
MISCELLANEOUS PROVISIONS
1. The immigration to this State of all slaves and other people
bound by contract to involuntary servitude for a term of years is hereby
prohibited.
2. It is unlawful for any company, person or persons to collect
the wages or compensation for the labor of the persons described in
subsection 1.
3. It is unlawful for any corporation, company, person or persons
to pay to any owner or agent of the owner of any such persons mentioned
in subsection 1 any wages or compensation for the labor of such slaves or
persons so bound by the contract to involuntary servitude.
4. Unless a greater penalty is provided in NRS 200.463 or 200.464 ,
a violation of any of the provisions of this section is a gross
misdemeanor.
[1:99:1879; BH § 4764; C § 4856; RL § 6847; NCL § 10607] +
[2:99:1879; BH § 4765; C § 4857; RL § 6848; NCL § 10608] + [3:99:1879; BH
§ 4766; C § 4858; RL § 6849; NCL § 10609] + [4:99:1879; BH § 4767; C §
4859; RL § 6850; NCL § 10610]—(NRS A 1967, 632; 2005, 91 )
Every person who obtains
employment by color or aid of any false or forged letter, certificate of
recommendation or union card is guilty of a misdemeanor.
[Part 1911 C&P § 522; RL § 6787; NCL § 10468]—(NRS A 1977, 311)
Every person who shall willfully and maliciously,
either alone or in combination with others, break a contract of service
or employment, knowing or having reasonable cause to believe that the
consequence of his so doing will be to endanger human life or to cause
grievous bodily injury or to expose valuable property to destruction or
serious injury, shall be guilty of a misdemeanor.
[1911 C&P § 323; RL § 6588; NCL § 10271]
Every agent, employee
or servant of any person or corporation who shall ask or receive,
directly or indirectly, any compensation, gratuity or reward, or any
promise thereof, upon any agreement or understanding that he shall act in
any particular manner in connection with his principal’s, employer’s or
master’s business, or who, being authorized to purchase or contract for
materials, supplies or other articles or to employ servants or labor for
his principal, employer or master, shall ask or receive, directly or
indirectly, for himself or another, a commission, percentage, discount,
bonus or promise thereof from any person with whom he may deal in
relation to such matters, shall be guilty of a gross misdemeanor.
[Part 1911 C&P § 521; RL § 6786; NCL § 10467]
1. It shall be unlawful for any manager, superintendent, officer,
agent, servant, foreman, shift boss or other employee of any person or
corporation, charged or entrusted with the employment of any workmen or
laborers, or with the continuance of workmen or laborers in employment,
to demand or receive, either directly or indirectly, from any workman or
laborer, employed through his agency or worked or continued in employment
under his direction or control, any fee, commission or gratuity of any
kind or nature as the price or condition of the employment of any such
workman or laborer, or as the price or condition of his continuance in
such employment.
2. Any such manager, superintendent, officer, agent, servant,
foreman, shift boss or other employee of any person or corporation,
charged or entrusted with the employment of laborers or workmen for his
principal, or under whose direction or control such workmen and laborers
are engaged in work and labor for such principal, who shall demand or
receive, either directly or indirectly, any fee, commission or gratuity
of any kind or nature from any workman or laborer employed by him or
through his agency or worked under his direction and control, either as
the price and condition of the employment of such workman or laborer or
as the price and condition of the continuance of such workman or laborer
in such employment, shall be guilty of a misdemeanor.
[1:51:1915; 1919 RL p. 3392; NCL § 10605]—(NRS A 1967, 632)
1. Whenever an employer has agreed with any employee to make
payments to a health or welfare fund or other such plan for the benefit
of the employees, or has entered into a collective bargaining agreement
providing for such payments, it shall be unlawful for such employer
willfully or with intent to defraud to fail to make the payments required
by the terms of any such agreement.
2. Any employer who violates any provision of this section shall
be guilty of a misdemeanor.
(Added to NRS by 1957, 174)
1. As used in this section, “labor organization” means any
organization of any kind, or any agency or employee representation
committee or plan, in which employees participate and which exists for
the purpose, in whole or in part, of dealing with employers concerning
grievances, labor disputes, wages, rates of pay, hours of employment, or
conditions of work.
2. It shall be unlawful for any person, firm or corporation to
make or enter into any agreement, either oral or in writing, by the terms
of which any employee of such person, firm or corporation, or any person
about to enter the employ of such person, firm or corporation, as a
condition for continuing or obtaining such employment, shall be required
not to become or continue a member of any labor organization, or shall be
required to become or continue a member of any labor organization.
3. Any person or persons, firm or firms, corporation or
corporations violating the provisions of this section shall be guilty of
a misdemeanor.
[1911 C&P § 527; A 1951, 111] + [1911 C&P § 528; RL § 6793; NCL §
10474]—(NRS A 1967, 633)
Any
person or persons, employer, company, corporation or association, or the
managing agent of any person or persons, employer, company, corporation
or association, doing or conducting business in this state, who by
coercion, intimidation, threats or undue influence compels or induces his
employees to trade at any particular store or board at any particular
boardinghouse in this state shall be guilty of a misdemeanor.
[1911 C&P § 526; RL § 6791; NCL § 10472]—(NRS A 1967, 633)
1. It shall be unlawful for any transportation company doing
business in the State of Nevada, or any officer, agent or servant of such
transportation company, to require any employee as a condition of his
continued employment, or otherwise to require or compel or attempt to
require or compel any such employee, to purchase of any such
transportation company or of any particular person, firm or corporation,
or at any particular place or places, any uniform or other clothing or
apparel required by any such transportation company to be used by any
such employee in the performance of his duty as such. Any such
transportation company, or any officer, agent or servant thereof, who
shall order or require any person in its employ to purchase any uniform
or other clothing or apparel as aforesaid shall be deemed to have
required such purchase as a condition of such employee’s continued
employment.
2. Any transportation company doing business in the State of
Nevada, or any officer, agent or servant thereof, violating any of the
provisions of this section shall be guilty of a misdemeanor.
[Part 1:132:1913; 1919 RL p. 2983; NCL § 6330] + [Part 2:132:1913;
1919 RL p. 2983; NCL § 6331]—(NRS A 1967, 633)
1. It is unlawful for any person, firm, association or
corporation, or agent, superintendent or manager thereof, employing any
special agent, detective or person commonly known as a spotter for the
purpose of investigating, obtaining and reporting to the employer or his
agent, superintendent or manager information concerning his employees, to
discipline or discharge any employee in his service, where the act of
discipline or the discharge is based upon a report by a special agent,
detective or spotter which involves a question of integrity, honesty or a
breach of rules of the employer, unless the employer or his agent,
superintendent or manager gives notice and a hearing to the employee thus
accused, when requested by the employee, at which hearing the accused
employee must have the opportunity to confront the person making the
report and must have the right to furnish testimony in his defense.
2. Any person, corporation, firm, association or employer who
violates any provision of this section is liable to the State of Nevada
for a penalty of $5,000 for each offense. The penalty must be recovered
and the suit must be brought in the name of the State of Nevada in a
court of proper jurisdiction by the Attorney General, or under his
direction by the district attorney in any county having proper
jurisdiction.
3. If a penalty is imposed pursuant to this section, the costs of
the proceeding, including investigative costs and attorney’s fees, may be
recovered by the Attorney General or district attorney, as appropriate.
[1:41:1915; 1919 RL p. 2775; NCL § 2770] + [2:41:1915; 1919 RL p.
2775; NCL § 2771]—(NRS A 1993, 900)
1. Whenever any person or persons, firm, corporation or
association, whether acting as principal or agent, contractor or
subcontractor, shall hire or employ any other person or persons for the
performance of any labor or service, and shall issue to such person or
persons time checks for the labor or service performed, it shall be
unlawful for the person or persons, firm, corporation or association
issuing such time checks to discount the same or deduct therefrom any
portion of the same as such discount.
2. Any employer of labor, or his agent or representative,
violating the provisions of subsection 1 shall be guilty of a misdemeanor.
3. Nothing in subsections 1 and 2 shall apply to persons, firms,
associations or corporations making discounts, deductions, or pro rata
payments in the course of bankruptcy or insolvency proceedings, or in the
settlement of the estates of deceased persons.
[1911 C&P § 523; RL § 6788; NCL § 10469] + [1911 C&P § 524; RL §
6789; NCL § 10470] + [1911 C&P § 525; RL § 6790; NCL § 10471]—(NRS A
1967, 634)
1. For the purpose of this section:
(a) “Distance and facilities for the comfort and conveyance of any
patient” shall be construed to mean the nearest hospital and the most
comfortable means of conveyance at hand or that can be procured in a
reasonable time.
(b) “Town or place” shall be construed to mean any town,
headquarters or place, at which town, headquarters or place, and
tributary places, sufficient hospital fees are collected to maintain a
hospital in keeping with the hospital fees collected.
2. It is unlawful for any person or persons, contractor or
contractors, firm, company, corporation or association, or the managing
agent of any person or persons, contractor or contractors, firm, company,
corporation or association, to collect, demand, force, compel or require,
either monthly, annually or for any other period of time, any sum of
money for hospital fees from any person or laborer at any place in this
state where no convenient, comfortable and well-equipped hospital is
maintained at some town or place for the accommodation, relief and
treatment of persons in his or their employ, and from whom hospital fees
are collected; provided:
(a) That any person or persons, contractor or contractors, firm,
company, corporation or association, or the managing agent of the same,
may care for or cause to be cared for any person in his or their employ,
from whom hospital fees are collected, at any private or public hospital,
sanitarium or other convenient and comfortable place, without expense to
the person or patient from whom hospital fees are collected; and
(b) That the distance and facilities for the comfort and conveyance
of any patient come within the intent and meaning of subsection 1.
3. If at the nearest hospital the proper medical treatment cannot
be secured, then it shall not be unlawful to take any person or patient a
greater distance or to another hospital.
4. Any person or persons violating the provisions of this section
shall be guilty of a misdemeanor.
[1:84:1903; RL § 1943; NCL § 2796] + [2:84:1903; RL § 1944; NCL §
2797] + [3:84:1903; RL § 1945; NCL § 2798]—(NRS A 1967, 634)
Every
person who shall give, offer or promise, directly or indirectly, any
compensation, gratuity or reward to any agent, employee or servant of any
person or corporation, with intent to influence his action in relation to
his principal’s, employer’s or master’s business, shall be guilty of a
gross misdemeanor.
[1911 C&P § 531; RL § 6796; NCL § 10477]
1. Except as otherwise provided in this section, any person,
association, company or corporation within this State, or any agent or
officer on behalf of the person, association, company or corporation, who
willfully does anything intended to prevent any person who for any cause
left or was discharged from his or its employ from obtaining employment
elsewhere in this State is guilty of a gross misdemeanor and shall be
punished by a fine of not more than $5,000.
2. In addition to any other remedy or penalty, the Labor
Commissioner may impose against each culpable party an administrative
penalty of not more than $5,000 for each such violation.
3. If a fine or an administrative penalty is imposed pursuant to
this section, the costs of the proceeding, including investigative costs
and attorney’s fees, may be recovered by the Labor Commissioner.
4. The provisions of this section do not prohibit a person,
association, company, corporation, agent or officer from negotiating,
executing and enforcing an agreement with an employee of the person,
association, company or corporation which, upon termination of the
employment, prohibits the employee from:
(a) Pursuing a similar vocation in competition with or becoming
employed by a competitor of the person, association, company or
corporation; or
(b) Disclosing any trade secrets, business methods, lists of
customers, secret formulas or processes or confidential information
learned or obtained during the course of his employment with the person,
association, company or corporation,
Ê if the agreement is supported by valuable consideration and is
otherwise reasonable in its scope and duration.
[1911 C&P § 514; RL § 6779; NCL § 10461]—(NRS A 1967, 635; 1993,
901; 1995, 1039; 2003, 797 )
1. As used in this section, “employee” means every person who has
entered upon service or employment of an employer, and the employment
shall be deemed to commence from the date of the entry or performance of
any service. Any contract of employment, rule, regulation or device to
the contrary is void.
2. A person shall not blacklist or cause to be blacklisted or
publish the name of or cause to be published the name of any employee,
mechanic or laborer discharged by that person with the intent to prevent
that employee, mechanic or laborer from engaging in or securing similar
or other employment from any other person.
3. If any officer or agent of any person blacklists or causes to
be blacklisted or publishes the name of or causes to be published the
name of any employee, mechanic or laborer discharged by that person with
the intent to prevent that employee, mechanic or laborer from engaging in
or securing similar or other employment from any other person in any
manner conspires or contrives, by correspondence or otherwise, to prevent
that discharged employee from procuring employment, he is guilty of a
misdemeanor.
4. Subsections 2 and 3 do not prohibit any person from giving in
writing, at the time the employee leaves or is discharged from the
service of the employer, a truthful statement of the reason for such
leaving of the service or discharge of that employee, nor do subsections
2 and 3 prevent any employer from giving any employee or former employee
any statement with reference to any meritorious services which the
employee may have rendered to that employer. The employer shall supply
statements as provided in this subsection upon demand from the employee,
but no such statement is required unless the employee has been in service
for a period of not less than 60 days. Only one such statement may be
issued to that employee.
[1911 C&P § 515; RL § 6780; NCL § 10462] + [1911 C&P § 516; RL §
6781; NCL § 10463] + [1911 C&P § 517; A 1915, 275; 1919 RL § 6782; NCL §
10464]—(NRS A 1967, 635; 1987, 1312)
No part of this chapter shall be
construed to restrict or prohibit the orderly and peaceable assembling or
cooperation of persons employed in any profession, trade or handicraft
for the purpose of securing an advance in the rate of wages or
compensation, or for the maintenance of such rate.
[1911 C&P § 536; RL § 6801; NCL § 10482]
S.C. § 607(f). The Labor
Commissioner shall adopt regulations to establish the procedures required
pursuant to 42 U.S.C. § 607(f).
(Added to NRS by 1997, 2346)
RIGHT TO WORK
As used in NRS 613.230
to 613.300 , inclusive, the term “labor organization”
means any organization of any kind, or any agency or employee
representation committee or plan, in which employees participate and
which exists for the purpose, in whole or in part, of dealing with
employers concerning grievances, labor disputes, wages, rates of pay,
hours of employment, or other conditions of employment.
[1:1:1953]
No person shall be
denied the opportunity to obtain or retain employment because of
nonmembership in a labor organization, nor shall the State, or any
subdivision thereof or any corporation, individual or association of any
kind enter into any agreement, written or oral, which excludes any person
from employment or continuation of employment because of nonmembership in
a labor organization.
[2:1:1953]
Any act
or any provision in any agreement which is in violation of NRS 613.230
to 613.300 , inclusive, shall be illegal and void. Any
strike or picketing to force or induce any employer to make an agreement
in writing or orally in violation of NRS 613.230 to 613.300 ,
inclusive, shall be for an illegal purpose.
[3:1:1953]
It shall
be unlawful for any employee, labor organization, or officer, agent or
member thereof to compel or attempt to compel any person to join any
labor organization or to strike against his will or to leave his
employment by any threatened or actual interference with his person,
immediate family or property.
[4:1:1953]
Any combination or conspiracy by two or
more persons to cause the discharge of any person or to cause him to be
denied employment because he is not a member of a labor organization, by
inducing or attempting to induce any other person to refuse to work with
such person, shall be illegal.
[5:1:1953]
Any person who violates any
provision of NRS 613.230 to 613.300
, inclusive, or who enters into any
agreement containing a provision declared illegal by NRS 613.230 to 613.300 ,
inclusive, or who shall bring about the discharge or the denial of
employment of any person because of nonmembership in a labor organization
shall be liable to the person injured as a result of such act or
provision and may be sued therefor, and in any such action any labor
organization, subdivision or local thereof shall be held to be bound by
the acts of its duly authorized agents acting within the scope of their
authority and may sue or be sued in its common name.
[6:1:1953]
Any person injured or threatened
with injury by an act declared illegal by NRS 613.230 to 613.300 ,
inclusive, shall, notwithstanding any other provision of the law to the
contrary, be entitled to injunctive relief therefrom.
[7:1:1953]
EQUAL OPPORTUNITIES FOR EMPLOYMENT
As used in NRS 613.310 to 613.435 ,
inclusive, unless the context otherwise requires:
1. “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.
2. “Employer” means any person who has 15 or more employees for
each working day in each of 20 or more calendar weeks in the current or
preceding calendar year, but does not include:
(a) The United States or any corporation wholly owned by the United
States.
(b) Any Indian tribe.
(c) Any private membership club exempt from taxation pursuant to 26
U.S.C. § 501(c).
3. “Employment agency” means any person regularly undertaking with
or without compensation to procure employees for an employer or to
procure for employees opportunities to work for an employer, but does not
include any agency of the United States.
4. “Labor organization” means any organization of any kind, or any
agency or employee representation committee or plan, in which employees
participate and which exists for the purpose, in whole or in part, of
dealing with employers concerning grievances, labor disputes, wages,
rates of pay, hours of employment or other conditions of employment.
5. “Person” includes the State of Nevada and any of its political
subdivisions.
6. “Sexual orientation” means having or being perceived as having
an orientation for heterosexuality, homosexuality or bisexuality.
(Added to NRS by 1965, 691; A 1985, 533; 1989, 690; 1991, 1023,
1982; 1997, 77; 1999, 1937 , 2875 ; 2001, 206 )
1. The provisions of NRS 613.310
to 613.435 , inclusive, do not apply to:
(a) Any employer with respect to employment outside this state.
(b) Any religious corporation, association or society with respect
to the employment of individuals of a particular religion to perform work
connected with the carrying on of its religious activities.
2. The provisions of NRS 613.310
to 613.435 , inclusive, concerning
unlawful employment practices related to sexual orientation do not apply
to an organization that is exempt from taxation pursuant to 26 U.S.C. §
501(c)(3).
(Added to NRS by 1965, 691; A 1999, 1938 )
The Nevada Equal Rights
Commission may adopt regulations, consistent with the provisions of 42
U.S.C. §§ 12101 et seq., setting forth:
1. The types of examinations which an employer may require; and
2. Any defenses which are available to an employer,
Ê relating to the subject matter of those provisions.
(Added to NRS by 1991, 1982)
1. Except as otherwise provided in NRS 613.350 , it is an unlawful employment practice for an
employer:
(a) To fail or refuse to hire or to discharge any person, or
otherwise to discriminate against any person with respect to his
compensation, terms, conditions or privileges of employment, because of
his race, color, religion, sex, sexual orientation, age, disability or
national origin; or
(b) To limit, segregate or classify an employee in a way which
would deprive or tend to deprive him of employment opportunities or
otherwise adversely affect his status as an employee, because of his
race, color, religion, sex, sexual orientation, age, disability or
national origin.
2. It is an unlawful employment practice for an employment agency
to:
(a) Fail or refuse to refer for employment, or otherwise to
discriminate against, any person because of the race, color, religion,
sex, sexual orientation, age, disability or national origin of that
person; or
(b) Classify or refer for employment any person on the basis of the
race, color, religion, sex, sexual orientation, age, disability or
national origin of that person.
3. It is an unlawful employment practice for a labor organization:
(a) To exclude or to expel from its membership, or otherwise to
discriminate against, any person because of his race, color, religion,
sex, sexual orientation, age, disability or national origin;
(b) To limit, segregate or classify its membership, or to classify
or fail or refuse to refer for employment any person, in any way which
would deprive or tend to deprive him of employment opportunities, or
would limit his employment opportunities or otherwise adversely affect
his status as an employee or as an applicant for employment, because of
his race, color, religion, sex, sexual orientation, age, disability or
national origin; or
(c) To cause or attempt to cause an employer to discriminate
against any person in violation of this section.
4. It is an unlawful employment practice for any employer, labor
organization or joint labor-management committee controlling
apprenticeship or other training or retraining, including, without
limitation, on-the-job training programs, to discriminate against any
person because of his race, color, religion, sex, sexual orientation,
age, disability or national origin in admission to, or employment in, any
program established to provide apprenticeship or other training.
5. It is an unlawful employment practice for any employer,
employment agency, labor organization or joint labor-management committee
to discriminate against a person with a disability by interfering,
directly or indirectly, with the use of an aid or appliance, including,
without limitation, a service animal, by such a person.
6. It is an unlawful employment practice for an employer, directly
or indirectly, to refuse to permit an employee with a disability to keep
his service animal with him at all times in his place of employment.
7. As used in this section, “service animal” has the meaning
ascribed to it in NRS 426.097 .
(Added to NRS by 1965, 691; A 1967, 108; 1971, 1056; 1973, 981,
1497; 1981, 1300, 1920; 1991, 1024; 1995, 1993; 1999, 1938 ; 2003, 2976 ; 2005, 631 )
1. It is an unlawful employment practice for an employer to:
(a) Fail or refuse to hire a prospective employee; or
(b) Discharge or otherwise discriminate against any employee
concerning his compensation, terms, conditions or privileges of
employment,
Ê because he engages in the lawful use in this state of any product
outside the premises of the employer during his nonworking hours, if that
use does not adversely affect his ability to perform his job or the
safety of other employees.
2. An employee who is discharged or otherwise discriminated
against in violation of subsection 1 or a prospective employee who is
denied employment because of a violation of subsection 1 may bring a
civil action against the employer who violates the provisions of
subsection 1 and obtain:
(a) Any wages and benefits lost as a result of the violation;
(b) An order of reinstatement without loss of position, seniority
or benefits;
(c) An order directing the employer to offer employment to the
prospective employee; and
(d) Damages equal to the amount of the lost wages and benefits.
3. The court shall award reasonable costs, including court costs
and attorney’s fees to the prevailing party in an action brought pursuant
to this section.
4. The remedy provided for in this section is the exclusive remedy
for an action brought pursuant to this section.
(Added to NRS by 1991, 942)
If an employer grants leave with pay, leave
without pay, or leave without loss of seniority to his employees for
sickness or disability because of a medical condition, it is an unlawful
employment practice to fail or refuse to extend the same benefits to any
female employee who is pregnant. The female employee who is pregnant must
be allowed to use the leave before and after childbirth, miscarriage or
other natural resolution of her pregnancy, if the leave is granted,
accrued or allowed to accumulate as a part of her employment benefits.
(Added to NRS by 1989, 690)
1. It is an unlawful employment practice for an employer to
discriminate against any of his employees or applicants for employment,
for an employment agency to discriminate against any person, or for a
labor organization to discriminate against any member thereof or
applicant for membership, because he has opposed any practice made an
unlawful employment practice by NRS 613.310 to 613.435 ,
inclusive, or because he has made a charge, testified, assisted or
participated in any manner in an investigation, proceeding or hearing
under NRS 613.310 to 613.435 , inclusive.
2. It is an unlawful employment practice for an employer, labor
organization or employment agency to print or publish or cause to be
printed or published any notice or advertisement relating to employment
by such an employer or membership in or any classification or referral
for employment by such a labor organization, or relating to any
classification or referral for employment by such an employment agency,
indicating any preference, limitation, specification or discrimination,
based on race, color, religion, sex, sexual orientation, age, disability
or national origin, except that such a notice or advertisement may
indicate a preference, limitation, specification or discrimination based
on religion, sex, sexual orientation, age, physical, mental or visual
condition or national origin when religion, sex, sexual orientation, age,
physical, mental or visual condition or national origin is a bona fide
occupational qualification for employment.
(Added to NRS by 1965, 692; A 1967, 109; 1973, 982; 1975, 1456;
1991, 1025; 1999, 1939 )
1. It is an unlawful employment practice for an employer, a labor
organization or an employment agency:
(a) To ask or encourage a prospective or current employee or member
of the labor organization to submit to a genetic test.
(b) To require or administer a genetic test to a person as a
condition of employment or membership in the labor organization.
(c) To deny employment or membership in the labor organization
based on genetic information.
(d) To alter the terms, conditions or privileges of employment or
membership in the labor organization based on genetic information.
(e) To terminate employment or membership in the labor organization
based on genetic information.
2. As used in this section:
(a) “Genetic information” means information that is obtained from a
genetic test.
(b) “Genetic test” means a test that uses deoxyribonucleic acid
extracted from the cells of a person, or a diagnostic test that uses
another substance extracted or otherwise obtained from the body of a
person, which determines the presence of an abnormality or deficiency
that:
(1) Is linked to a physical or mental disorder or
impairment; or
(2) Indicates a susceptibility to an illness, a disease, an
impairment or another physical or mental disorder.
Ê The term does not include a test to determine the presence of alcohol
or a controlled substance in the system of the person tested.
(Added to NRS by 1999, 2874 )
1. It is not an unlawful employment practice for an employer to
hire and employ employees, for an employment agency to classify or refer
for employment any person, for a labor organization to classify its
membership or to classify or refer for employment any person, or for an
employer, labor organization or joint labor-management committee
controlling apprenticeship or other training or retraining programs to
admit or employ any person in any such program, on the basis of his
religion, sex, sexual orientation, age, disability or national origin in
those instances where religion, sex, sexual orientation, age, physical,
mental or visual condition or national origin is a bona fide occupational
qualification reasonably necessary to the normal operation of that
particular business or enterprise.
2. It is not an unlawful employment practice for an employer to
fail or refuse to hire and employ employees, for an employment agency to
fail to classify or refer any person for employment, for a labor
organization to fail to classify its membership or to fail to classify or
refer any person for employment, or for an employer, labor organization
or joint labor-management committee controlling apprenticeship or other
training or retraining programs to fail to admit or employ any person in
any such program, on the basis of his disability in those instances where
physical, mental or visual condition is a bona fide and relevant
occupational qualification necessary to the normal operation of that
particular business or enterprise, if it is shown that the particular
disability would prevent proper performance of the work for which the
disabled person would otherwise have been hired, classified, referred or
prepared under a training or retraining program.
3. It is not an unlawful employment practice for an employer to
fail or refuse to hire or to discharge a person, for an employment agency
to fail to classify or refer any person for employment, for a labor
organization to fail to classify its membership or to fail to classify or
refer any person for employment, or for an employer, labor organization
or joint labor-committee controlling apprenticeship or other training or
retraining programs to fail to admit or employ any person in any such
program, on the basis of his age if the person is less than 40 years of
age.
4. It is not an unlawful employment practice for a school,
college, university or other educational institution or institution of
learning to hire and employ employees of a particular religion if the
school or institution is, in whole or in substantial part, owned,
supported, controlled or managed by a particular religion or by a
particular religious corporation, association or society, or if the
curriculum of the school or institution is directed toward the
propagation of a particular religion.
5. It is not an unlawful employment practice for an employer to
observe the terms of any bona fide plan for employees’ benefits, such as
a retirement, pension or insurance plan, which is not a subterfuge to
evade the provisions of NRS 613.310 to
613.435 , inclusive, as they relate to
discrimination against a person because of age, except that no such plan
excuses the failure to hire any person who is at least 40 years of age.
(Added to NRS by 1965, 692; A 1967, 109; 1971, 1057; 1973, 982;
1975, 1457; 1981, 1301; 1987, 2265; 1991, 1025; 1999, 1940 )
As used in NRS 613.310 to 613.435 ,
inclusive, the phrase “unlawful employment practice” does not include any
action or measure taken by an employer, labor organization, joint
labor-management committee or employment agency with respect to an
individual who is a member of the Communist Party of the United States or
of any other organization required to register as a Communist-action or
Communist-front organization by final order of the Subversive Activities
Control Board pursuant to the Subversive Activities Control Act of 1950.
(Added to NRS by 1965, 693)
Notwithstanding any other
provision of NRS 613.310 to 613.435
, inclusive, it is not an unlawful
employment practice for an employer to fail or refuse to hire and employ
any individual for any position, for an employer to discharge any
individual from any position, or for an employment agency to fail or
refuse to refer any individual for employment in any position, or for a
labor organization to fail or refuse to refer any individual for
employment in any position, if:
1. The occupancy of such position, or access to the premises in or
upon which any part of the duties of such position is performed or is to
be performed, is subject to any requirement imposed in the interest of
the national security of the United States under any security program in
effect pursuant to or administered under any statute of the United States
or any executive order of the President; and
2. Such individual has not fulfilled or has ceased to fulfill that
requirement.
(Added to NRS by 1965, 693)
Notwithstanding any
other provision of NRS 613.310 to
613.435 , inclusive, it is not an
unlawful employment practice for an employer to apply different standards
of compensation, or different terms, conditions or privileges of
employment pursuant to a bona fide seniority or merit system, or a system
which measures earnings by quantity or quality of production or to
employees who work in different locations, if those differences are not
the result of an intention to discriminate because of race, color,
religion, sex, sexual orientation, age, disability or national origin,
nor is it an unlawful employment practice for an employer to give and to
act upon the results of any professionally developed ability test, if the
test, its administration or action upon the results is not designed,
intended or used to discriminate because of race, color, religion, sex,
sexual orientation, age, disability or national origin.
(Added to NRS by 1965, 693; A 1967, 110; 1973, 983; 1975, 1458;
1991, 1026; 1999, 1941 )
Nothing contained in NRS 613.310 to 613.435 ,
inclusive, applies to any business or enterprise on or near an Indian
reservation with respect to any publicly announced employment practice of
such business or enterprise under which a preferential treatment is given
to any individual because he is an Indian living on or near a reservation.
(Added to NRS by 1965, 694)
Nothing contained in NRS 613.310 to 613.435 ,
inclusive, requires any employer, employment agency, labor organization
or joint labor-management committee subject to NRS 613.310 to 613.435 ,
inclusive, to grant preferential treatment to any person or to any group
because of the race, color, religion, sex, sexual orientation, age,
disability or national origin of the individual or group on account of an
imbalance which exists with respect to the total number or percentage of
persons of any race, color, religion, sex, sexual orientation, age,
disability or national origin employed by any employer, referred or
classified for employment by any employment agency or labor organization,
admitted to membership or classified by any labor organization, or
admitted to, or employed in, any apprenticeship or other training
program, in comparison with the total number or percentage of persons of
that race, color, religion, sex, sexual orientation, age, disability or
national origin in any community, section or other area, or in the
available workforce in any community, section or other area.
(Added to NRS by 1965, 694; A 1967, 110; 1973, 984; 1975, 1458;
1991, 1027; 1999, 1941 )
Any person injured by an
unlawful employment practice within the scope of NRS 613.310 to 613.435 ,
inclusive, may file a complaint to that effect with the Nevada Equal
Rights Commission if the complaint is based on discrimination because of
race, color, sex, sexual orientation, age, disability, religion or
national origin.
(Added to NRS by 1969, 725; A 1973, 984, 1498; 1975, 222, 1458;
1977, 1608; 1989, 691; 1991, 1027; 1999, 1941 )
If
the Nevada Equal Rights Commission does not conclude that an unfair
employment practice within the scope of NRS 613.310 to 613.435 ,
inclusive, has occurred, any person alleging such a practice may apply to
the district court for an order granting or restoring to that person the
rights to which he is entitled under those sections.
(Added to NRS by 1965, 694; A 1975, 223; 1983, 518)
No action authorized by NRS
613.420 may be brought more than 180
days after the date of the act complained of. When a complaint is filed
with the Nevada Equal Rights Commission the limitation provided by this
section is tolled as to any action authorized by NRS 613.420 during the pendency of the complaint before
the Commission.
(Added to NRS by 1965, 694; A 1969, 726; 1975, 223; 1977, 1609;
1983, 518)
1. The Supreme Court shall, with regard to an appeal from a final
judgment in an action for age discrimination in employment brought
pursuant to NRS 613.420 or 29 U.S.C. §§
621-634, provide by rule for the filing of briefs within 6 months after
the date of entry of the judgment. The Supreme Court for good cause shown
may grant an extension of time for the filing of such briefs.
2. Unless good cause is shown for a later hearing, the Supreme
Court shall, with regard to an appeal to which subsection 1 applies, set
the appeal for argument on a date within 60 days after the expiration of
the period for filing briefs.
(Added to NRS by 1997, 77)
USE OF LIE DETECTORS
As used in NRS 613.440 to 613.510 ,
inclusive, unless the context otherwise requires:
1. “Employer” includes any person acting directly or indirectly in
the interest of an employer in relation to an employee or prospective
employee.
2. “Lie detector” means a polygraph, voice stress analyzer,
psychological stress evaluator or any other similar device, whether
mechanical or electrical, that is used, or the results of which are used,
for the purpose of rendering a diagnostic opinion regarding the honesty
or dishonesty of an individual.
3. “Polygraph” means an instrument that:
(a) Visually, permanently and simultaneously records cardiovascular
activity, respiratory activity and changes in skin resistance; and
(b) Is used, or the results of which are used, for the purpose of
rendering a diagnostic opinion regarding the veracity of any statement
made by the person examined.
4. “Polygraphic examination” means a test administered with a
polygraph.
(Added to NRS by 1989, 723)
The provisions of NRS 613.440 to 613.510 ,
inclusive, do not apply to this state or any political subdivision of
this state.
(Added to NRS by 1989, 724)
1. The Labor Commissioner:
(a) May adopt any regulations necessary or appropriate to carry out
the provisions of NRS 613.440 to
613.510 , inclusive; and
(b) Shall prepare and distribute to employers in this state, a
notice setting forth a summary of the provisions of NRS 613.440 to 613.510 ,
inclusive.
2. Each employer shall post and maintain the notice in a
conspicuous location at the place of employment where notices to
employees and applicants for employment are customarily posted and read.
(Added to NRS by 1989, 723)
Unless stipulated in a written settlement agreement signed by all
parties to a pending action or complaint filed pursuant to NRS 613.440
to 613.510 , inclusive, any waiver of the rights and
procedures provided by NRS 613.440 to
613.510 , inclusive, is against public
policy and is void.
(Added to NRS by 1989, 724)
Except as otherwise
provided in NRS 613.510 , it is unlawful
for any employer in this state to:
1. Directly or indirectly, require, request, suggest or cause any
employee or prospective employee to take or submit to any lie detector
test;
2. Use, accept, refer to or inquire concerning the results of any
lie detector test of any employee or prospective employee;
3. Discharge, discipline, discriminate against in any manner or
deny employment or promotion to, or threaten to take any such action
against any employee or prospective employee:
(a) Who refuses, declines or fails to take or submit to any lie
detector test; or
(b) On the basis of the results of any lie detector test; or
4. Discharge, discipline, discriminate against in any manner, deny
employment or promotion to or threaten to take any such action against
any employee or prospective employee who has:
(a) Filed any complaint or instituted or caused to be instituted
any legal proceeding pursuant to NRS 613.440 to 613.510 ,
inclusive;
(b) Testified or may testify in any legal proceeding instituted
pursuant to NRS 613.440 to 613.510
, inclusive; or
(c) Exercised his rights, or has exercised on behalf of another
person the rights afforded him pursuant to NRS 613.440 to 613.510 ,
inclusive.
(Added to NRS by 1989, 723)
1. An employer who violates the provisions of NRS 613.440 to 613.510 ,
inclusive, is liable to the employee or prospective employee affected by
the violation. The employer is liable for any legal or equitable relief
as may be appropriate, including employment of a prospective employee,
reinstatement or promotion of an employee and the payment of lost wages
and benefits.
2. An action to recover the liability pursuant to subsection 1 may
be maintained against the employer by an employee or prospective employee:
(a) For or on behalf of the employee or prospective employee; and
(b) On behalf of other employees or prospective employees similarly
situated.
Ê An action must not be commenced pursuant to this section more than 3
years after the date of the alleged violation.
3. In any action brought pursuant to this section, the court, in
its discretion, may allow the prevailing party reasonable costs,
including attorney’s fees.
(Added to NRS by 1989, 724)
1. If any person violates any provision of NRS 613.440 to 613.510 ,
inclusive, or any regulation adopted pursuant thereto, the Labor
Commissioner may impose against the person an administrative penalty of
not more than $9,000 for each such violation.
2. In determining the amount of any administrative penalty to be
imposed against the person, the Labor Commissioner shall consider the
previous record of the person in terms of compliance with NRS 613.440
to 613.510 , inclusive, and any regulation adopted
pursuant thereto, and the severity of the violation. Any administrative
penalty imposed against the person is in addition to any other remedy or
penalty provided pursuant to NRS 613.440 to 613.510 ,
inclusive.
3. The Labor Commissioner may bring a civil action pursuant to
this section to restrain violations of NRS 613.440 to 613.510 ,
inclusive, or any regulation adopted pursuant thereto. A court of
competent jurisdiction may issue, without bond, a temporary or permanent
restraining order or injunction to require compliance with NRS 613.440
to 613.510 , inclusive, or any regulation adopted pursuant
thereto, including any legal or equitable relief incident thereto as may
be appropriate, such as employment of a prospective employee,
reinstatement or promotion of an employee, and the payment of lost wages
and benefits.
(Added to NRS by 1989, 723; A 2003, 798 )
1. Except as otherwise provided in subsection 2, the following are
exempt from the provisions of NRS 613.440 to 613.500 ,
inclusive:
(a) Any employer who requests an employee to submit to a
polygraphic examination if:
(1) The examination is administered in connection with an
ongoing investigation involving economic loss or injury to the employer’s
business, including theft, embezzlement, misappropriation or an act of
unlawful industrial espionage or sabotage;
(2) The employee had access to the property that is the
subject of the investigation;
(3) The employer has a reasonable suspicion that the
employee was involved in the incident or activity under investigation; and
(4) The employer provides to the employee, before the
examination, a written statement that:
(I) Sets forth with particularity the specific
incident or activity being investigated;
(II) Is signed by the employer or an agent of the
employer;
(III) Is retained by the employer for at least 3
years; and
(IV) Contains an identification of the specific
economic loss or injury to the business, a statement indicating that the
employee had access to the property and a statement describing the basis
of the employer’s reasonable suspicion that the employee was involved in
the incident.
(b) The use of polygraphic examinations on prospective employees
who would be employed to protect:
(1) Facilities, materials or operations having a significant
impact on the health or safety of this state or any political subdivision
of this state; or
(2) Currency, negotiable securities, precious commodities or
instruments or proprietary information,
Ê requested by the potential employer whose primary business is to
provide armored car personnel, personnel engaged in the design,
installation and maintenance of security alarm systems or other security
personnel.
(c) The use of a polygraphic examination by any employer authorized
to manufacture, distribute or dispense a controlled substance if:
(1) The examination is administered to a prospective
employee who would have direct access to the manufacture, storage,
distribution or sale of any controlled substance; or
(2) The examination is administered to a current employee in
connection with an ongoing investigation of misconduct involving a
controlled substance manufactured, distributed or dispensed by the
employer if the employee had access to the property that is the subject
of the investigation.
2. The exemptions provided in subsection 1 are applicable only if:
(a) The polygraphic examination is administered by a person who
holds a valid license as a polygraphic examiner or intern or is qualified
as a polygraphic examiner and is exempt from the requirement of licensing
pursuant to the provisions of chapter 648 of
NRS; and
(b) The results of a polygraphic examination or the refusal to take
a polygraphic examination is not used as the sole basis upon which an
adverse employment action is taken against an employee or prospective
employee.
(Added to NRS by 1989, 724)
