While some states simply refer to federal law, Nevada sexual discrimination law in the workplace is defined under the state law. Employers under this law are defined as anyone who has fifteen or more employees except for the United States, any Indian tribe and any private membership club. The law also applies to labor organizations and employment agencies.
Under this law, employers cannot discriminate against employees on the basis of sex when determining such factors as hiring, firing and job conditions such as terms and compensation. Employers also cannot discriminate against pregnant women. Pregnancy needs to be treated the same as sickness or short-term disability is treated.
Employees who wish to file a complaint against their employers must do so within 180 days of the alleged violation of civil rights. Complaints are filed with the Nevada Equal Rights Commission by contacting one of the regional offices and filling out an intake inquiry form.
After filing the complaint, the Commission will attempt an early settlement. If this doesn’t happen they will investigate the claim and determine if there is probable cause to believe that your rights have been violated. In the cases where probably cause is found, you and your employer will enter a conciliation process to try to negotiate a settlement. If this settlement fails, the case will go to public hearing.
Now, you can try to go through the federal or state court systems instead of the Commission’s investigative process. To do this, you must file with either the EEOC or the Nevada Commission with a request for a “Right to Sue” letter. You’ll then need to hire an attorney to explain the process to you.
It’s important for employers and employees to know their rights and responsibilities when it comes to sexual discrimination in the workplace. To stay informed on the latest laws, be sure to always have a current Nevada Labor Law poster available where you work.