Lawsuits and claims for employment discrimination in Las Vegas, Nevada

Nevada and federal law generally prohibit employers from discriminating against job applicants and existing employees on the basis of their:

  • race or color,
  • national origin,
  • age,
  • sex (including pregnancy),
  • religion,
  • gender identity or expression (under Nevada law only),
  • sexual orientation (under Nevada law only), or
  • disability

Victims of employment discrimination in Nevada can file a claim against either the:

If the case cannot be resolved through the claim process, then the victim is free to bring a civil lawsuit in pursuit of compensatory damages, punitive damages, and possibly job reinstatement.

In this article, our Las Vegas Nevada labor law attorneys discuss:

paper that says "job discrimination"
People who have been discriminated against by their employer may be able to file a claim against NERC or EEOC.

1. Employment discrimination definition in Nevada

Discrimination against employees occurs when an employer chooses not to hire, assign, or promote employees or job applicants for certain prejudicial reasons. Specifically, both federal and Nevada state law prohibit discrimination against employees based on either: 

  • race or color,
  • national origin,
  • age,
  • sex,
  • religion, or
  • disability1

Nevada law also prohibits discrimination against employees based on:

  • gender identity or expression or
  • sexual orientation2

As discussed below, discrimination against employees for the aforementioned reasons is against the law (with limited exceptions). Victims of employment discrimination may be entitled to money damages and/or job reinstatement.

2. Bases for employment discrimination claims in Nevada

It is unlawful for certain employers to discriminate against job applicants and employees on either of the following bases:

typewriter with paper that says "employment discrimination"
It is unlawful for most employers to discriminate against employees for their immutable characteristics.
  1. race or color
  2. national origin
  3. age
  4. sex (including pregnancy)
  5. religion
  6. gender identity or expression
  7. sexual orientation
  8. disability

2.1. Race or color

Title VII of the Civil Rights Act of 1964, as well as Nevada law, prohibit discrimination on the basis of race or color. Therefore, employees and job applicants may not be deprived of equal employment opportunity due to them being:

  • African-American (black),
  • Hispanic (brown),
  • Asian (Arabic, Indian, East-Asian, etc.),
  • American Indian or Alaska Native
  • Native American or Other Pacific Islander
  • Any other race or color
  • Associated with anyone of a particular race or color

Nevada law also prohibits employers from making personnel decisions based on racial stereotypes or characteristics, such as hair textures or facial features. And employers may be liable for causing hostile work environments by making racial slurs or harassing people based on their race.

Note that employers may ask for job applicants' race for a legitimate purpose such as implementing affirmative action.

2.2. National origin

Title VII of the Civil Rights Act of 1964 -- as well as Nevada law -- prohibit discrimination on the basis of national origin. Therefore, employees and job applicants may not be deprived of equal employment opportunity due to their:

  • birthplace
  • ancestry
  • culture, or
  • linguistic characteristics
  • association with a people of a certain national origin
  • attendance or participation in schools, places of worship, or other associations associated with a national origin group

Employers can require employees to speak only English on the job if it is necessary for conducting business. And employers can deny employment to someone because of their accent for non-discriminatory reasons. 

2.3. Age

paper with says "age discrimination" with a gavel
It is unlawful for employers to discriminate against employees 40 or older.

The ADEA (Age Discrimination in Employment Act of 1967) and Nevada law prohibit certain employers from discriminating against employees and job applicants who are 40 or older. With some exception, it is also unlawful for apprenticeship programs to discriminate against people 40 and above.

Job postings usually may not include age preferences unless age is a "bona fide occupational qualification". But employers may inquire after a job applicant's age unless it is for a discriminatory purpose. 

Older employers are also entitled to equal benefits as younger employees. However, employers are permitted to reduce benefits on the basis of age as long as the price of providing that reduced benefit equals the price of providing benefits to younger employees.

Employees may waive their age discrimination rights by signing a waiver, but it must meet strict federal standards.

2.4. Sex (including pregnancy)

Title VII of the Civil Rights Act of 1964 -- as well as Nevada law -- prohibit employers with 15 or more workers to engage in discrimination against employees (or job applicants) on the basis of gender. Also illegal are policies that disproportionately exclude certain genders and are not related to legitimate employment purposes.

Sexual harassment is also prohibited, and it makes no difference if the harasser is female or if the harassment is same-sex. And the Equal Pay Act of 1963 mandates that men and women receive equal pay for equal work in the same workplace. 

2.4.1. Pregnancy

Title VII of the Civil Rights Act of 1964 -- as well as Nevada law -- prohibit employment discrimination on the basis of pregnancy, childbirth, or related medical issues. Therefore, employers must not take pregnancy into account when making hiring or other employment decisions as long as the pregnant woman can still carry out the job's essential functions.

When a pregnant worker takes maternity leave, the employer must hold her job for her for the same amount of time it would for an employee on sick or disability leave. And if the employer provides health insurance, it must cover expenses for pregnancy-related conditions on the same basis as prices for non-pregnancy-related medical issues.

2.5. Religion

Title VII of the Civil Rights Act of 1964 -- as well as Nevada law -- prohibit discrimination on the basis of religion. Therefore, employees and job applicants may not be deprived of equal employment opportunity due to being:

  • Muslim,
  • Hindu,
  • Jewish,
  • Christian,
  • Buddhist, or
  • any other faith, whether widespread or not

Employers are expected to make reasonable accommodations for employees' and prospective employees' religious beliefs unless doing so would cause an "undue hardship."

2.6. Gender identity or expression

paper that says "gender discrimination" with a gavel
It is unlawful for most employers to discriminate against employees due to their gender or gender identity.

Nevada law prohibits employers with 15 or more workers from discriminating against employees or prospective employers on the basis of their gender identity or expression. In other words, it is unlawful to discriminate against employees who are transsexual, non-binary, or other gender type, and who express themselves as such with their appearance and mannerisms.  

Therefore, Nevada law also prohibits employers from making personnel decisions based on gender stereotypes or assumptions. Employers may not segregate or isolate employees or inflict other "disparate treatment" due to their gender identity or expression. And employees should be permitted to use the bathroom that matches their gender identity.

Certainly, employers can require employees to adhere to certain grooming standards as long as they apply to everybody equally.

2.7. Sexual orientation

Nevada law prohibits employers with 15 or more workers from discriminating against employees or prospective employers on the basis of sexual orientation. In other words, employers cannot disqualify or fire otherwise qualified employees for being homosexual, heterosexual, bisexual, or asexual.

It is also against Nevada law for employers to harass an employee based on their sexuality in a way that creates a hostile work environment or thwarts the employee from doing his/her work. It makes no difference if the harassment is verbal, physical, or in the form of discriminatory job policies.

2.8. Disability

The ADA (American with Disabilities Act) -- as well as Nevada law -- prohibits employers from discriminating against people with disabilities. The definition of a disabled person is a person with a physical or mental impairment that substantially limits at least one major life activity (such as walking or seeing).

The law requires employers to make reasonable accommodations for disabled employers as long it would not pose an "undue hardship" on the business's operation. Courts determine whether an accommodation is an undue hardship by considering such factors as:

  • the employer's size,
  • the employer's financial resources, and
  • the nature and structure of the employer's operation

Note that employers are not permitted to ask job applicants if they have disabilities, only about their ability to perform certain job functions.

3. Employers subject to employment discrimination laws in Nevada

desk placard that says "discrimination" with a gavel
Not all employers can be sued for discriminating against employees.

Not all employers are subject to discrimination laws. And Nevada state law differs slightly from federal law.3

Note that nearly all employers must abide by the Equal Pay Act (EPA), which prohibits paying different wages to men and women if they do largely equivalent work in the same workplace.

3.1. Private employers

In general, private employers may be liable for discrimination against employees if they employ at least 15 employees for at least 20 weeks in the past year. In federal age discrimination cases, the minimum number of employees is 20.

3.2. State and local government agencies

In general, state and local government agencies may be liable for discrimination against employees if they employ at least 15 employees for at least 20 weeks in the past year. In federal age discrimination cases, all agencies may be liable no matter the size.

3.3. Federal agencies

All federal agencies may be liable for discrimination against employees, no matter the size.

3.4. Employment agencies

All employment agencies may be liable for discrimination against employees, no matter the size.

3.5. Labor unions

In general, labor unions may be liable for discrimination against employees if they operate a hiring hall or have at least 15 members. In federal age discrimination cases, the minimum number of members is 25.4

4. Filing an employment discrimination claim in Nevada

Employment discrimination cases typically progress through four stages:

exclamation point symbol over sign that says "discrimination"
The first step of a Nevada employer discrimination case is to file a claim with NERC or EEOC.
  1. Filing a claim with the proper administrative agency
  2. Mediation (not mandatory)
  3. Settling the claim (if mediation does not work)
  4. Filing a lawsuit (if the claim could not be settled)

It is important that claimants keep all evidence of the alleged discrimination, including any recordings and written communications.

4.1. Filing a claim

Depending on the case, the discrimination victim may consider filing a claim with either of the following administrative agencies:

  • Nevada Equal Rights Commission (NERC), or
  • Equal Employment Opportunity Commission (EEOC)

Claimants need not file a claim with both agencies. Instead, it may be possible to "cross-file" the claim so that both the state and federal agencies cooperate together to investigate the claims. A labor law attorney can help the claimant decide which agency is best to file a claim.

The NERC website provides instructions for filing an employment discrimination claim in Nevada. Claimants may file claims online, over the phone, by mail, or in person at a NERC office:

Las Vegas NERC Office 
1820 East Sahara Ave., Suite 314
Las Vegas, NV 89119
Phone: (702) 486-7161 
Fax: (702) 486-7054 

Reno NERC Office 
1325 Corporate Blvd., Room 115 
Reno, NV 89509
Phone: (775) 823-6690
Fax: (775) 688-1292 

The EEOC website also provides instructions for filing an employment discrimination claim in Nevada. Claimants may file claims online, over the phone, by mail, at a NERC office, or in person at an EEOC office:

EEOC — Las Vegas Local Office 
333 Las Vegas Blvd South
Suite 5560
Las Vegas, NV 89101 
Phone: (800) 669-4000 
Fax: (702) 388-5094

NERC or EEOC disqualifies claims that were filed more than 300 days after the claimant was discriminated against. In some cases, the statute of limitations may be even shorter. Therefore, victims should consult an attorney right away to begin the process.

4.2. Mediation

The NERC and EEOC usually attempt to settle the claim through mediation. Mediation is literally when both sides come to the table, and a trained mediator helps to hash out a solution.

Claimants do not have to agree to mediation. But mediation may be a quicker and more cost-effective option that litigating a claim or a lawsuit. A labor law attorney can help determine whether mediation is worth trying.

Learn more about NERC mediation services and EEOC mediation services.

4.3. Settling the claim

If the case is not resolved through mediation, the administrative agency (NERC or EEOC) may investigate the charge. This often includes:

  • asking the employer to answer to the charges raised in the claim
  • interviewing witnesses
  • gathering relevant documents and other evidence

If the agency decides that no discrimination occurred -- or if a settlement cannot be reached in the case -- the agency will give the claimant a "right to sue" letter.

If the case is resolved to everyone's satisfaction, the claimant will probably have to sign a release form promising not to bring a lawsuit.

This process takes an average of up to six months.

4.4. Filing a lawsuit

Book cover that says EEOC
Nevada claimants may file a lawsuit against the EEOC or NERC once they receive a "right to sue" letter.

Once all the aforementioned legal remedies are exhausted, the claimant may file a civil lawsuit for employment discrimination. An employment attorney can help the claimant decide whether to file in state or federal court and which claims to bring.

Many lawsuits end up settling out of court without going to trial. Note that lawsuits must be filed within 90 days from receiving the "right to sue" letter from the NERC or EEOC.

5. Remedies for employment discrimination in Nevada

Claimants may be able to recover the possible money damages depending on the facts of the case and whether it is in state or federal court:

  • Compensatory damages, to cover the victim's expenses related to the discrimination;
  • Punitive damages, if the employer acted maliciously or intentionally discriminated against the claimant;
  • Attorney's fees;
  • Court costs; and/or
  • Back pay, including all the wages, overtime payments, vacation time, sick leave, pension benefits, and health insurance the claimant would have received had the discrimination not occurred

In cases where the claimant was wrongly terminated, the employer may even be ordered to hire or reinstate the employee. Learn more about how employment discrimination is an exception to at-will employment laws in Nevada.

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Call our Las Vegas labor law attorneys at 702-DEFENSE today for a FREE consultation.

Call a Nevada labor attorney...

Are you a victim of employment discrimination? Contact our Las Vegas employment law attorneys at 702-DEFENSE (702-333-3673). We will fight to get you all the money damages available and restore your career.

Located in California? Learn about filing an employment discrimination claim in California.

Legal References

  1. Title VII of the Civil Rights Act of 1964
  2. NRS 613.330.
  3. NRS 613.310.
  4. Coverage of Labor Unions and Joint Apprenticeship Committees, EEOC.

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