S.B. 160
- *SB160*
SENATE BILL NO. 160–SENATOR NEAL
PREFILED FEBRUARY 3, 2025
____________
Referred to Committee on Government Affairs
SUMMARY—Revises provisions relating to the Nevada Equal
Rights Commission. (BDR 18-82)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to discriminatory practices; moving the Nevada
Equal Rights Commission from the Department of
Employment, Training and Rehabilitation to the Office of
the Attorney General; revising certain duties of the
Commission; establishing certain requirements relating to
attorneys and paralegals who provide services to or are
employed by the Commission; establishing certain
requirements relating to a complaint alleging an unlawful
discriminatory practice in employment; setting forth
certain requirements relating to the final disposition of a
complaint alleging an unlawful discriminatory practice;
and providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law creates the Nevada Equal Rights Commission within the 1
Department of Employment, Training and Rehabilitation. (Chapter 233 of NRS) 2
Sections 2-30 of this bill: (1) move the Commission from the Department to the 3
Office of the Attorney General; and (2) reorganize certain provisions relating to the 4
Commission. Section 46 of this bill repeals the provisions of existing law which 5
establish the Commission within the Department. Consistent with the repeal and 6
relocation of the Commission, sections 31-38 of this bill revise certain references to 7
provisions of existing law relating to the Commission. 8
Sections 41 and 42 of this bill: (1) require the Attorney General to appoint the 9
members of the Commission and the Administrator of the Commission as soon as 10
practicable after July 1, 2025; and (2) provide that the existing members and 11
Administrator, if qualified, may continue to serve until the Attorney General 12
appoints the new members and Administrator. 13
Existing law requires the Commission to carry out certain duties. (NRS 14
233.140) Section 12 requires the Commission to prepare and publish on the 15
Internet website of the Commission a summary of the process by which a person 16
– 2 –
- *SB160*
may file an appeal with the United States Equal Employment Opportunity 17
Commission. 18
Under existing law, the Commission is authorized to investigate and conduct 19
hearings concerning acts of prejudice with regard to housing, employment and 20
public accommodations. (NRS 233.150) Section 15 requires: (1) an attorney who is 21
employed by, contracts with or provides volunteer services to the Commission to 22
review any complaint filed with the Commission alleging an unlawful 23
discriminatory practice and prepare all findings of fact and final disposition of the 24
complaint; (2) a paralegal who is employed by the Commission to annually 25
complete a minimum number of hours established by the Commission of 26
continuing education in certain areas relating to the work of the Commission; and 27
(3) the Commission to establish programs for law students to intern with the 28
Commission and attorneys to volunteer legal services to the Commission. 29
Section 20 provides that if a complaint is filed with the Commission alleging 30
an unlawful discriminatory practice in employment: (1) by a governmental agency, 31
the Commission must consider the historical patterns and practices of the agency in 32
determining whether an investigation is warranted and any acts of nonfeasance and 33
malfeasance with regard to the complaint on behalf of the agency or a public officer 34
or public employee of the agency; and (2) by a private employer, the Commission 35
must consider any historical data available relating to the discriminatory practices 36
on behalf of the private employer. 37
Under existing law, if the Commission conducts an investigation of a complaint 38
which alleges an unlawful discriminatory practice in housing, the Commission must 39
make a final disposition of the complaint within 1 year after the date the 40
Commission receives the complaint, unless it is impracticable to do so. (NRS 41
233.165) Sections 19 and 21 require that if the Commission conducts an 42
investigation of a complaint alleging an unlawful discriminatory practice in 43
housing, the Commission must make a final disposition of the complaint within 18 44
months after the date the complaint is received, unless the Commission determines 45
it is impracticable to do so. If the Commission determines it is impracticable, 46
section 21 requires the Commission to send to the complainant and the person 47
against whom the complaint was filed a statement informing the parties of its 48
reasons for not making a final disposition of the complaint within that period. 49
Section 21 also prohibits the Commission from closing a complaint without a 50
final disposition, unless the complainant has verbally or physically abused or 51
threatened a member of the Commission. 52
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 228 of NRS is hereby amended by adding 1
thereto the provisions set forth as sections 2 to 30, inclusive, of this 2
act. 3
Sec. 2. 1. It is hereby declared to be the public policy of the 4
State of Nevada to protect the welfare, prosperity, health and 5
peace of all the people of the State, and to foster the right of all 6
persons reasonably to seek and obtain housing accommodations 7
without discrimination, distinction or restriction because of race, 8
religious creed, color, age, sex, disability, sexual orientation, 9
gender identity or expression, national origin or ancestry. 10
– 3 –
- *SB160*
2. It is hereby declared to be the public policy of the State of 1
Nevada to protect the welfare, prosperity, health and peace of all 2
the people of the State, and to foster the right of all persons 3
reasonably to seek and be granted services in places of public 4
accommodation without discrimination, distinction or restriction 5
because of race, religious creed, color, age, sex, disability, sexual 6
orientation, gender identity or expression, national origin or 7
ancestry. 8
3. It is hereby declared to be the public policy of the State of 9
Nevada to protect the welfare, prosperity, health and peace of all 10
the people of the State, and to foster the right of all persons 11
reasonably to seek, obtain and hold employment without 12
discrimination, distinction or restriction because of race, religious 13
creed, color, age, sex, disability, sexual orientation, gender identity 14
or expression, national origin or ancestry. As used in this 15
subsection: 16
(a) “Protective hairstyle” includes, without limitation, 17
hairstyles such as natural hairstyles, afros, bantu knots, curls, 18
braids, locks and twists. 19
(b) “Race” includes traits associated with race, including, 20
without limitation, hair texture and protective hairstyles. 21
4. It is recognized that the people of this State should be 22
afforded full and accurate information concerning actual and 23
alleged practices of discrimination and acts of prejudice, and that 24
such information may provide the basis for formulating statutory 25
remedies of equal protection and opportunity for all citizens in this 26
State. 27
Sec. 3. As used in sections 2 to 30, inclusive, of this act, 28
unless the context otherwise requires, the words and terms defined 29
in sections 4 to 7, inclusive, of this act, have the meanings 30
ascribed to them in those sections. 31
Sec. 4. “Administrator” means the Administrator of the 32
Commission. 33
Sec. 5. “Commission” means the Nevada Equal Rights 34
Commission in the Office of the Attorney General. 35
Sec. 6. “Disability” means, with respect to a person: 36
1. A physical or mental impairment that substantially limits 37
one or more of the major life activities of the person; 38
2. A record of such an impairment; or 39
3. Being regarded as having such an impairment. 40
Sec. 7. “Member” means a member of the Nevada Equal 41
Rights Commission. 42
Sec. 8. 1. The Nevada Equal Rights Commission is hereby 43
created in the Office of the Attorney General. 44
– 4 –
- *SB160*
2. The Commission consists of five members appointed by the 1
Attorney General. The members of the Commission must be 2
representative of all groups, including, without limitation, those 3
based on religion, disability, race, ethnicity, sexual orientation and 4
gender identity or expression, and representative of both sexes in 5
the State. 6
3. Each member of the Commission is entitled to receive a 7
salary of not more than $80, as fixed by the Commission, for each 8
day actually employed on the work of the Commission. 9
4. While engaged in the business of the Commission, each 10
member and employee of the Commission is entitled to receive the 11
per diem allowance and travel expenses provided for state officers 12
and employees generally. 13
Sec. 9. 1. The Attorney General shall appoint a Chair of 14
the Commission and the members shall elect a Secretary from the 15
membership of the Commission. 16
2. The Commission may meet regularly at least twice a year 17
on the call of the Chair at a place designated by the Chair or a 18
majority of the Commission. 19
3. The employees of the Commission are in the classified 20
service of the State. 21
Sec. 10. 1. The Attorney General shall appoint an 22
Administrator of the Commission. The Administrator must have 23
had successful experience in the administration and promotion of 24
a program comparable to the program provided by sections 2 to 25
30, inclusive, of this act. 26
2. The Administrator shall: 27
(a) Be jointly responsible to the Attorney General and the 28
Commission; 29
(b) Directly supervise all the technical and administrative 30
activities of the Commission; and 31
(c) Perform any lawful act which the Administrator considers 32
necessary or desirable to carry out the purposes and provisions of 33
sections 2 to 30, inclusive, of this act. 34
3. On or before January 15 of each odd-numbered year, the 35
Administrator shall prepare and submit a report concerning 36
the activities of the Commission to the Attorney General and the 37
Director of the Legislative Counsel Bureau. The Director of the 38
Legislative Counsel Bureau shall cause the report to be made 39
available to each Senator and member of the Assembly. 40
Sec. 11. The Attorney General may designate another agency 41
to perform the duties and functions of the Commission set forth in 42
sections 13 and 18 to 22, inclusive, of this act. 43
Sec. 12. The Commission shall: 44
– 5 –
- *SB160*
1. Foster mutual understanding and respect among all 1
groups, including, without limitation, those based on race, 2
religion, disability, ethnicity, sexual orientation and gender 3
identity or expression, and between the sexes in the State. 4
2. Aid in securing equal health and welfare services and 5
facilities for all the residents of the State without regard to race, 6
religion, sex, sexual orientation, gender identity or expression, 7
age, disability or nationality. 8
3. Study problems arising between groups within the State 9
which may result in tensions, discrimination or prejudice because 10
of race, color, creed, sex, sexual orientation, gender identity or 11
expression, age, disability, national origin or ancestry, and 12
formulate and carry out programs of education and disseminate 13
information with the objective of discouraging and eliminating 14
any such tensions, prejudices or discrimination. 15
4. Secure the cooperation of various groups, including, 16
without limitation, those based on race, religion, sex, sexual 17
orientation, gender identity or expression, age, disability, 18
nationality and ethnicity, veterans’ organizations, labor 19
organizations, business and industry organizations and fraternal, 20
benevolent and service groups, in educational campaigns devoted 21
to the need for eliminating group prejudice, racial or area 22
tensions, intolerance or discrimination. 23
5. Cooperate with and seek the cooperation of federal and 24
state agencies and departments in carrying out projects within 25
their respective authorities to eliminate intergroup tensions and to 26
promote intergroup harmony. 27
6. Develop and carry out programs of education and 28
disseminate information as necessary to inform employers, 29
employees, employment agencies and job applicants about their 30
rights and responsibilities set forth in NRS 613.4353 to 613.4383, 31
inclusive. 32
7. Prepare and publish a summary on the Internet website of 33
the Commission which describes the process by which a person 34
may file an appeal with the United States Equal Employment 35
Opportunity Commission pursuant to Title VII of the Civil Rights 36
Act of 1964, 42 U.S.C. §§ 2000e et seq., or NRS 613.420, which 37
must include, without limitation, a sample appeal. 38
Sec. 13. The Commission may: 39
1. Order the Administrator to: 40
(a) With regard to public accommodation, investigate tensions, 41
practices of discrimination and acts of prejudice against any 42
person or group because of race, color, creed, sex, age, disability, 43
sexual orientation, national origin, ancestry or gender identity or 44
expression and may conduct hearings with regard thereto. 45
– 6 –
- *SB160*
(b) With regard to housing, investigate tensions, practices of 1
discrimination and acts of prejudice against any person or group 2
because of race, color, creed, sex, age, disability, sexual 3
orientation, gender identity or expression, national origin or 4
ancestry, and may conduct hearings with regard thereto. 5
(c) With regard to employment, investigate: 6
(1) Tensions, practices of discrimination and acts of 7
prejudice against any person or group because of race, color, 8
creed, sex, age, disability, sexual orientation, gender identity or 9
expression, national origin or ancestry, and may conduct hearings 10
with regard thereto; and 11
(2) Any unlawful employment practice by an employer 12
pursuant to the provisions of NRS 613.4353 to 613.4383, inclusive, 13
and may conduct hearings with regard thereto. 14
As used in this paragraph, “race” includes traits associated 15
with race, including, without limitation, hair texture and 16
protective hairstyles, as defined in paragraph (a) of subsection 3 of 17
section 2 of this act. 18
2. Mediate between or reconcile the persons or groups 19
involved in the tensions, practices and acts described in 20
subsection 1. 21
3. Issue subpoenas for the attendance of witnesses or for the 22
production of documents or tangible evidence relevant to any 23
investigations or hearings conducted by the Commission. 24
4. Delegate its power to hold hearings and issue subpoenas to 25
a member or any hearing officer employed by the Commission. 26
5. Adopt reasonable regulations necessary for the 27
Commission to carry out the functions assigned to it by law. 28
Sec. 14. 1. The Commission shall not contract with or enter 29
into a memorandum of understanding with the United States 30
Department of Housing and Urban Development for the 31
Commission to investigate and enforce laws relating to fair 32
housing as a certified agency unless the Legislature, by resolution 33
or other appropriate legislative measure, expressly authorizes the 34
Commission to do so. 35
2. As used in this section: 36
(a) “Certified agency” has the meaning ascribed to it in 24 37
C.F.R. § 115.100(c). The term includes the certification of an 38
agency as substantially equivalent as described in 42 U.S.C. § 39
3610(f)(3)(A) and 24 C.F.R. Part 115, Subpart B. 40
(b) “Memorandum of understand ing” means the 41
memorandum of understanding described in 24 C.F.R. § 115.205. 42
Sec. 15. 1. An attorney who is employed by, contracts with 43
or provides volunteer services to the Commission must: 44
– 7 –
- *SB160*
(a) Review any complaint filed with the Commission which 1
alleges an unlawful discriminatory practice; and 2
(b) Prepare all findings of fact relating to an investigation and 3
the final disposition of the complaint before the Commission. 4
2. A paralegal who is employed by the Commission must 5
annually complete a minimum number of hours established by the 6
Commission of continuing education in the areas of constitutional 7
laws, state law and federal law relating to unlawful discriminatory 8
practices. 9
3. The Commission shall establish: 10
(a) An internship program for law students to provide services 11
to the Commission; and 12
(b) A volunteer program for attorneys to provide legal services 13
to the Commission. 14
Sec. 16. All gifts of money which the Commission is 15
authorized to accept must be deposited with the State Treasurer for 16
credit to the Nevada Equal Rights Commission Gift Fund which is 17
hereby created as a trust fund. 18
Sec. 17. The Commission shall: 19
1. Accept any complaint alleging an unlawful discriminatory 20
practice over which the Commission has jurisdiction pursuant to 21
sections 2 to 30, inclusive, of this act; and 22
2. Adopt regulations setting forth the manner in which the 23
Commission will process a complaint and determine whether to 24
hold an informal meeting or conduct an investigation concerning 25
the complaint. 26
Sec. 18. 1. A complaint which alleges unlawful 27
discriminatory practices in: 28
(a) Housing must be filed with the Commission not later than 29
1 year after the date of the occurrence of the alleged practice or 30
the date on which the practice terminated. 31
(b) Employment or public accommodations must be filed with 32
the Commission not later than 300 days after the date of the 33
occurrence of the alleged practice. 34
A complaint is timely if it is filed with an appropriate federal 35
agency within that period. A complainant shall not file a 36
complaint with the Commission if any other state or federal 37
administrative body or officer which has comparable jurisdiction 38
to adjudicate complaints of discriminatory practices has made a 39
decision upon a complaint based upon the same facts and legal 40
theory. 41
2. The complainant shall specify in the complaint the alleged 42
unlawful practice and sign it under oath. 43
3. The Commission shall send to the party against whom an 44
unlawful discriminatory practice is alleged: 45
– 8 –
- *SB160*
(a) A copy of the complaint; 1
(b) An explanation of the rights which are available to that 2
party; and 3
(c) A copy of the procedures of the Commission. 4
4. The Commission shall notify each party to the complaint of 5
the limitation on the period of time during which a person may 6
apply to the district court for relief pursuant to NRS 613.430. 7
5. If a person files a complaint pursuant to paragraph (b) of 8
subsection 1 which alleges an unlawful discriminatory practice in 9
employment, the Commission shall, as soon as practicable after 10
receiving the complaint, notify in writing the person who filed the 11
complaint that the person may request that the Commission issue 12
a right-to-sue notice pursuant to NRS 613.412. 13
6. For the purposes of paragraph (b) of subsection 1, an 14
unlawful discriminatory practice in employment which relates to 15
compensation occurs on: 16
(a) Except as otherwise provided in paragraph (b), the date 17
prescribed by 42 U.S.C. § 2000e-5(e)(3)(A), as that section existed 18
on January 1, 2019. 19
(b) If 42 U.S.C. § 2000e-5(e)(3)(A) is amended and the 20
Commission determines by regulation that the section, as 21
amended, provides greater protection for employees than that 22
section as it existed on January 1, 2019, the date prescribed by 42 23
U.S.C. § 2000e-5(e)(3)(A), as amended. 24
Sec. 19. 1. If the Commission determines to conduct an 25
investigation of a complaint which alleges an unlawful 26
discriminatory practice in housing in accordance with the 27
regulations adopted pursuant to section 17 of this act, the 28
Commission shall: 29
(a) Begin an investigation of the complaint within 30 days 30
after the Commission receives the complaint. 31
(b) Complete its investigation of the complaint within 100 days 32
after the Commission receives the complaint unless it is 33
impracticable to do so. 34
(c) Make a final disposition of the complaint within 18 months 35
after the date the Commission receives the complaint unless it is 36
impracticable to do so. 37
2. If the Commission determines that it is impracticable to 38
complete an investigation or make a final disposition of a 39
complaint which alleges an unlawful discriminatory practice in 40
housing within the period prescribed in subsection 1, the 41
Commission shall send to the complainant and the person against 42
whom the complaint was filed a statement setting forth its reasons 43
for not completing the investigation or making a final disposition 44
of the complaint within that period. 45
– 9 –
- *SB160*
Sec. 20. 1. If a complaint is filed with the Commission 1
alleging an unlawful discriminatory practice in employment by a 2
governmental agency or a public officer or public employee 3
thereof, the Commission shall consider: 4
(a) The historical patterns and practices of the agency as a 5
factor in determining whether an investigation is warranted. 6
(b) Any acts of nonfeasance or malfeasance with regard to the 7
complaint on behalf of the agency or a public officer or public 8
employee thereof. Any findings of fact and final disposition of the 9
complaint alleging an unlawful discriminatory practice in 10
employment must address any allegations of nonfeasance and 11
malfeasance by the agency or a public officer or public employee. 12
2. If a complaint is filed alleging an unlawful discriminatory 13
practice in employment by a private employer, the Commission 14
shall consider any historical data available relating to the 15
discriminatory practices of the private employer in determining 16
whether an investigation is warranted. 17
Sec. 21. 1. Except as otherwise provided in subsection 2 or 18
3, if the Commission conducts an investigation of a complaint 19
which alleges an unlawful discriminatory practice in housing, 20
employment or public accommodation in accordance with the 21
regulations adopted pursuant to section 17 of this act, the 22
Commission must make a final disposition of the complaint within 23
18 months after the date the Commission receives the complaint 24
unless the Commission determines it is impracticable to do so 25
pursuant to subsection 2. 26
2. If the Commission determines that it is impracticable to 27
make a final disposition of a complaint which alleges an unlawful 28
discriminatory practice within the period prescribed by subsection 29
1, the Commission shall send to the complainant and the person 30
against whom the complaint was filed a statement setting forth its 31
reasons for not making a final disposition of the complaint within 32
that period. 33
3. The Commission may close an investigation of a complaint 34
without a final disposition if the Commission determines that the 35
complainant has verbally or physically abused or threatened a 36
member of the Commission. The Commission may not close an 37
investigation without a final disposition for any other reason. 38
Sec. 22. 1. When a complaint is filed whose allegations if 39
true would support a finding of unlawful practice, the Commission 40
shall determine whether to hold an informal meeting to attempt a 41
settlement of the dispute in accordance with the regulations 42
adopted pursuant to section 17 of this act. If the Commission 43
determines to hold an informal meeting, the Administrator may, to 44
prepare for the meeting, request from each party any information 45
– 10 –
- *SB160*
which is reasonably relevant to the complaint. No further action 1
may be taken if the parties agree to a settlement. 2
2. If an agreement is not reached at the informal meeting 3
held pursuant to subsection 1, the Administrator shall determine 4
whether to conduct an investigation into the alleged unlawful 5
practice in accordance with the regulations adopted pursuant to 6
section 17 of this act. After the investigation, if the Administrator 7
determines that an unlawful practice has occurred, the 8
Administrator shall attempt to mediate between or reconcile the 9
parties. The party against whom a complaint was filed may agree 10
to cease the unlawful practice. If an agreement is reached, no 11
further action may be taken by the complainant or by the 12
Commission. 13
3. If the attempts at mediation or conciliation conducted 14
pursuant to subsection 2 fail, the Commission may hold a public 15
hearing on the matter. After the hearing, if the Commission 16
determines that an unlawful practice has occurred, the 17
Commission may: 18
(a) Serve a copy of the findings of fact of the Commission 19
within 10 calendar days upon any person found to have engaged 20
in the unlawful practice; and 21
(b) Order the person to: 22
(1) Cease and desist from the unlawful practice. The order 23
must include, without limitation, the corrective action the person 24
must take. 25
(2) In cases involving an unlawful employment practice, 26
restore all benefits and rights to which the aggrieved person is 27
entitled, including, without limitation, rehiring, back pay for a 28
period described in subsection 4, annual leave time, sick leave time 29
or pay, other fringe benefits and seniority, with interest thereon 30
from the date of the decision of the Commission at a rate equal to 31
the prime rate at the largest bank in Nevada, as ascertained by the 32
Commissioner of Financial Institutions, on January 1 or July 1, 33
as the case may be, immediately preceding the date of the decision, 34
plus 2 percent. The rate of interest must be adjusted accordingly 35
on each January 1 and July 1 thereafter until the judgment is 36
satisfied. 37
(3) In cases involving an unlawful employment practice 38
relating to discrimination on the basis of sex, pay an amount 39
determined to be appropriate by the Commission for lost wages 40
that would have been earned in the absence of discrimination or 41
other economic damages resulting from the discrimination, 42
including, without limitation, lost payment for overtime, shift 43
differential, cost of living adjustments, merit increases or 44
promotions, or other fringe benefits. 45
– 11 –
- *SB160*
(4) In cases involving an unlawful employment practice 1
committed by an employer with 50 or more employees that the 2
Commission determines was willful, pay a civil penalty of: 3
(I) For the first unlawful employment practice that the 4
person has engaged in during the immediately preceding 5 years 5
which the Commission determines was willful, not more than 6
$5,000. 7
(II) For the second unlawful employment practice that 8
the person has engaged in during the immediately preceding 5 9
years which the Commission determines was willful, not more 10
than $10,000. 11
(III) For the third and any subsequent unlawful 12
employment practice that the person has engaged in during the 13
immediately preceding 5 years which the Commission determines 14
was willful, not more than $15,000. 15
4. For the purposes of subparagraph (2) of paragraph (b) of 16
subsection 3, the period for back pay must not exceed a period 17
beginning 2 years before the date on which the complaint was 18
filed and ending on the date the Commission issues an order 19
pursuant to paragraph (b) of subsection 3. 20
5. Before imposing a civil penalty pursuant to subparagraph 21
(4) of paragraph (b) of subsection 3, the Commission must allow 22
the person found to have willfully engaged in an unlawful 23
employment practice 30 days to take corrective action from the 24
date of service of the order made pursuant to paragraph (a) of 25
subsection 3. If the person takes such corrective action, the 26
Commission shall not impose the civil penalty. 27
6. The order of the Commission is a final decision in a 28
contested case for the purpose of judicial review. If the person 29
fails to comply with the order, the Commission shall apply to the 30
district court for an order compelling compliance, but failure or 31
delay on the part of the Commission does not prejudice the right of 32
an aggrieved party to judicial review. The court shall issue the 33
order unless it finds that the findings or order of the Commission 34
are not supported by substantial evidence or are otherwise 35
arbitrary or capricious. If the court upholds the order of the 36
Commission and finds that the person has violated the order by 37
failing to cease and desist from the unlawful practice or to make 38
the payment ordered, the court shall award the aggrieved party 39
actual damages for any economic loss and no more. 40
7. After the Commission has held a public hearing and 41
rendered a decision, the complainant is barred from proceeding on 42
the same facts and legal theory before any other administrative 43
body or officer. 44
– 12 –
- *SB160*
8. For the purposes of this section, an unlawful employment 1
practice shall be deemed to be willful if a person engages in the 2
practice with knowledge that it is unlawful or with reckless 3
indifference to whether it is lawful or unlawful. 4
Sec. 23. 1. The Commission shall accept a complaint that 5
alleges that a local elected officer has engaged in an unlawful 6
employment practice of discrimination pursuant to Title VII of the 7
Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., or NRS 8
613.330 and take appropriate action. 9
2. The Commission shall present a complaint to the district 10
court pursuant to NRS 283.440 if the Commission determines 11
after a hearing held pursuant to subsection 3 of section 22 of this 12
act that a local elected officer has engaged in an unlawful 13
employment practice of discrimination pursuant to Title VII of the 14
Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., or NRS 15
613.330 and that the discriminatory practice that forms the basis 16
of such a complaint is severe or pervasive such that removal from 17
office is an appropriate remedy. In addition to any monetary 18
penalties, the Commission may impose upon the local elected 19
officer any other reasonable sanction, including, without 20
limitation, a requirement to complete a course or training related 21
to the unlawful employment practice of discrimination. 22
3. Any fine or penalty required to be paid by a local elected 23
officer because such officer was determined pursuant to 24
subsection 2 to have engaged in an unlawful employment practice 25
of discrimination must be assessed against such officer in his or 26
her personal capacity, and may not be paid with public money or 27
contributions received pursuant to chapter 294A of NRS. Except 28
for a fine or a penalty, no damages may be assessed against the 29
local elected officer in his or her personal capacity. 30
4. As used in this section, “local elected officer” means a 31
person who holds a local government office to which the person 32
was elected. 33
Sec. 24. If, after the Administrator has conducted a 34
preliminary investigation into an alleged unlawful discriminatory 35
practice in housing, employment or public accommodations, the 36
Commission determines that the practice will cause immediate and 37
irreparable harm to any person aggrieved by the practice, the 38
Commission, after the informal meeting and before holding a 39
public hearing upon the matter, may apply on behalf of such 40
person to the district court for a temporary restraining order or 41
preliminary injunction as provided in the Nevada Rules of Civil 42
Procedure. 43
Sec. 25. 1. Except as otherwise provided in this section or 44
NRS 239.0115, any information gathered by the Commission in 45
– 13 –
- *SB160*
the course of its investigation of an alleged unlawful 1
discriminatory practice in housing, employment or public 2
accommodations is confidential. 3
2. Except as otherwise provided in subsection 5, the 4
Commission may disclose information gathered pursuant to 5
subsection 1 to: 6
(a) Any governmental entity as appropriate or necessary to 7
carry out its duties pursuant to sections 2 to 30, inclusive, of this 8
act; or 9
(b) Any other person if the information is provided in a 10
manner which does not include any information that may be used 11
to identify the complainant, the party against whom the unlawful 12
discriminatory practice is alleged or any person who provided 13
information to the Commission during the investigation. 14
3. Except as otherwise provided in subsection 4, the 15
Commission shall disclose information gathered pursuant to 16
subsection 1 to the complainant and the party against whom the 17
unlawful discriminatory practice is alleged if: 18
(a) Each has consented to such disclosure; or 19
(b) The Commission has determined to conduct a hearing on 20
the matter or apply for a temporary restraining order or an 21
injunction or an action has been filed in court concerning the 22
complaint. 23
4. The Commission may not disclose to the complainant or 24
the party against whom the unlawful discriminatory practice is 25
alleged: 26
(a) Any information obtained during negotiations for a 27
settlement or attempts at mediating or conciliating the complaint; 28
(b) Any investigative notes or reports made by the 29
Commission; and 30
(c) Any information that may be used to identify a person who 31
provided information to the Commission during the investigation 32
and who has requested anonymity. 33
5. After the filing of a complaint with the Commission, access 34
to information related to the complaint must be limited only to the 35
staff of the Commission as is necessary to carry out the duties of 36
the Commission relating to the complaint. Such staff shall not 37
disclose such information to the other officers and employees of 38
the Office of the Attorney General, including, without limitation, 39
supervisors of the Office and the Attorney General, unless the 40
disclosure is necessary to carry out the duties of the Commission 41
relating to the complaint. 42
6. Except as otherwise provided in this section or NRS 43
239.0115, if the attempts of the Commission to mediate or 44
– 14 –
- *SB160*
conciliate the cause of the grievance succeed, the information 1
gathered pursuant to subsection 1 must remain confidential. 2
7. If the Commission proceeds with a hearing or applies for 3
injunctive relief, confidentiality concerning any information, 4
except negotiations for a settlement or attempts at mediating or 5
conciliating the cause of the grievance, is no longer required. 6
Sec. 26. After the completion of any hearing, the 7
Commission shall report in writing to the Attorney General with 8
its findings of fact and recommendations or actions taken 9
pursuant to sections 2 to 30, inclusive, of this act. The Commission 10
shall use its best efforts to bring about compliance with its 11
recommendations. 12
Sec. 27. Notwithstanding any provision of sections 2 to 30, 13
inclusive, of this act, it is not an unlawful discriminatory practice 14
in public accommodations for any place of public accommodation 15
to offer differential pricing, discounted pricing or special offers 16
based on sex to promote or market the place of public 17
accommodation. 18
Sec. 28. Notwithstanding the protections in sections 2 to 30, 19
inclusive, of this act for hair texture and protective hairstyles, an 20
employer may enforce health and safety requirements set forth in 21
federal or state law. 22
Sec. 29. Any person who willfully resists, prevents or 23
impedes or interferes with the Commission, its members, the 24
Administrator or agents in the performance of duties pursuant to 25
sections 2 to 30, inclusive, of this act shall be fined not more than 26
$500. 27
Sec. 30. 1. All penalties and fines imposed by the 28
Commission pursuant to sections 22 and 29 of this act must be 29
deposited with the State Treasurer for credit to the State General 30
Fund. 31
2. If the money collected from the imposition of any penalty 32
and fine is deposited in the State General Fund pursuant to 33
subsection 1, the Commission may present a claim to the State 34
Board of Examiners for recommendation to the Interim Finance 35
Committee if money is required to pay attorney’s fees or the costs 36
of an investigation, or both. 37
Sec. 31. NRS 232.910 is hereby amended to read as follows: 38
232.910 1. The Department of Employment, Training and 39
Rehabilitation is hereby created. The purpose of the Department is 40
to plan, coordinate and carry out various services and activities 41
designed to achieve and support employment and economic 42
independence for residents of this State who are disadvantaged, 43
displaced or disabled. 44
– 15 –
- *SB160*
2. The Department consists of a Director and the following 1
divisions: 2
(a) Employment Security Division; 3
(b) Rehabilitation Division; and 4
(c) Such other divisions as the Director may establish. 5
3. The Governor’s Office of Workforce Innovation [, Nevada 6
Equal Rights Commission] and the Board for the Education and 7
Counseling of Displaced Homemakers are within the Department. 8
Sec. 32. NRS 10.195 is hereby amended to read as follows: 9
10.195 Except as otherwise provided in [NRS 233.190:] 10
section 25 of this act: 11
1. A settlement agreement must not contain a provision that 12
prohibits or otherwise restricts a party from disclosing factual 13
information relating to a claim in a civil or administrative action if 14
the claim relates to any of the following: 15
(a) Conduct that if criminal liability were imposed would 16
constitute a sexual offense pursuant to NRS 179D.097 and would be 17
punishable as a felony, regardless of whether there was a criminal 18
investigation, prosecution or conviction of such conduct; 19
(b) Discrimination on the basis of sex by an employer or a 20
landlord; or 21
(c) Retaliation by an employer or a landlord against the claimant 22
for his or her reporting of discrimination on the basis of sex. 23
2. If a settlement agreement is entered into on or after July 1, 24
2019, any provision in such an agreement that prohibits or otherwise 25
restricts a party from disclosing factual information pursuant to 26
subsection 1 is void and unenforceable. 27
3. A court shall not enter an order that prohibits or otherwise 28
restricts the disclosure of factual information in a manner that 29
conflicts with subsection 1. 30
4. Except as otherwise provided in subsection 5, upon the 31
request of the claimant, the settlement agreement must contain a 32
provision that prohibits the disclosure of: 33
(a) The identity of the claimant; and 34
(b) Any facts relating to the action that could lead to the 35
disclosure of the identity of the claimant. 36
5. If a governmental agency or a public officer is a party to the 37
settlement agreement pursuant to subsection 1, a claimant shall not 38
request and the settlement agreement must not contain a provision 39
pursuant to subsection 4. 40
6. Nothing in this section shall be construed to prohibit: 41
(a) A court from considering any pleading or other record to 42
determine the factual basis of a civil claim pursuant to subsection 1; 43
or 44
– 16 –
- *SB160*
(b) An entry or enforcement of a provision in a settlement 1
agreement pursuant to subsection 1 that prohibits disclosure by a 2
party of the settlement amount. 3
7. As used in this section: 4
(a) “Claimant” means a person who filed a claim in a civil 5
action or an administrative action pursuant to subsection 1. 6
(b) “Employer” has the meaning ascribed to it in NRS 33.220. 7
(c) “Landlord” means an owner of real property, or the owner’s 8
representative, who provides a dwelling unit on the real property for 9
occupancy by another for valuable consideration. 10
Sec. 33. NRS 50.069 is hereby amended to read as follows: 11
50.069 1. Except as otherwise provided in [NRS 233.190,] 12
section 25 of this act, a provision of a contract or settlement 13
agreement is void and unenforceable if: 14
(a) The provision prohibits or otherwise restricts a party to the 15
contract or settlement agreement from testifying at a judicial or 16
administrative proceeding when the party has been required or 17
requested to testify at the proceeding pursuant to: 18
(1) A court order; 19
(2) A lawful subpoena; or 20
(3) A written request by an administrative agency; and 21
(b) The judicial or administrative proceeding described in 22
paragraph (a) concerns another party to the contract or settlement 23
agreement and his or her commission of: 24
(1) A criminal offense; 25
(2) An act of sexual harassment, including, without 26
limitation, repeated, unsolicited verbal or physical contact of a 27
sexual nature that is threatening in character; 28
(3) An act of discrimination on the basis of race, religion, 29
color, national origin, disability, sexual orientation, gender identity 30
or expression, ancestry, familial status, age or sex by an employer or 31
a landlord; or 32
(4) An act of retaliation by an employer or a landlord against 33
another person for the reporting of discrimination on the basis of 34
race, religion, color, national origin, disability, sexual orientation, 35
gender identity or expression, ancestry, familial status, age or sex. 36
2. As used in this section: 37
(a) “Employer” has the meaning ascribed to it in NRS 33.220. 38
(b) “Landlord” means an owner of real property, or the owner’s 39
representative, who provides a dwelling unit on the real property for 40
occupancy by another for valuable consideration. 41
Sec. 34. NRS 118.110 is hereby amended to read as follows: 42
118.110 Any aggrieved person who claims to have been 43
injured by a discriminatory housing practice or who believes that he 44
or she will be injured by such a practice that is about to occur may 45
– 17 –
- *SB160*
file a complaint with the Commission in the manner prescribed in 1
[NRS 233.160.] section 18 of this act. 2
Sec. 35. NRS 239.010 is hereby amended to read as follows: 3
239.010 1. Except as otherwise provided in this section and 4
NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 5
49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 6
62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 7
80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 8
87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 9
88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 10
116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 11
119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 12
120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 13
127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 14
130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245, 15
176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156, 16
176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495, 17
179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772, 18
200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 19
209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 20
213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 21
218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615, 22
224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570, 23
231.069, 231.1285, 231.1473, 232.1369, [233.190,] 237.300, 24
239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 25
239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 26
239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 27
244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.130, 28
250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 268.910, 29
269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 30
281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 31
286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 32
293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 33
293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110, 34
332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 35
338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 36
353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240, 37
360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 38
366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 39
379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 40
387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 41
388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 42
391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 43
392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 44
394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 45
– 18 –
- *SB160*
396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 1
398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 2
414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 3
425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205, 4
432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 5
432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 6
439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116, 7
439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 8
441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 9
442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245, 10
449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 11
453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 12
459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 13
463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 14
481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 15
483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 16
484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 17
571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 18
598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 19
604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315, 20
616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 21
624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 22
628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671, 23
630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327, 24
630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 25
632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716, 26
633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 27
634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085, 28
637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 29
639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 30
640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 31
640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 32
641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170, 33
641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 34
642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 35
645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 36
645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 37
648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 38
654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 39
669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480, 40
675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 41
678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 42
679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 43
681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 44
687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 45
– 19 –
- *SB160*
688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 1
692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 2
696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 3
711.600, and section 25 of this act, sections 35, 38 and 41 of 4
chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, 5
Statutes of Nevada 2013 and unless otherwise declared by law to be 6
confidential, all public books and public records of a governmental 7
entity must be open at all times during office hours to inspection by 8
any person, and may be fully copied or an abstract or memorandum 9
may be prepared from those public books and public records. Any 10
such copies, abstracts or memoranda may be used to supply the 11
general public with copies, abstracts or memoranda of the records or 12
may be used in any other way to the advantage of the governmental 13
entity or of the general public. This section does not supersede or in 14
any manner affect the federal laws governing copyrights or enlarge, 15
diminish or affect in any other manner the rights of a person in any 16
written book or record which is copyrighted pursuant to federal law. 17
2. A governmental entity may not reject a book or record 18
which is copyrighted solely because it is copyrighted. 19
3. A governmental entity that has legal custody or control of a 20
public book or record shall not deny a request made pursuant to 21
subsection 1 to inspect or copy or receive a copy of a public book or 22
record on the basis that the requested public book or record contains 23
information that is confidential if the governmental entity can 24
redact, delete, conceal or separate, including, without limitation, 25
electronically, the confidential information from the information 26
included in the public book or record that is not otherwise 27
confidential. 28
4. If requested, a governmental entity shall provide a copy of a 29
public record in an electronic format by means of an electronic 30
medium. Nothing in this subsection requires a governmental entity 31
to provide a copy of a public record in an electronic format or by 32
means of an electronic medium if: 33
(a) The public record: 34
(1) Was not created or prepared in an electronic format; and 35
(2) Is not available in an electronic format; or 36
(b) Providing the public record in an electronic format or by 37
means of an electronic medium would: 38
(1) Give access to proprietary software; or 39
(2) Require the production of information that is confidential 40
and that cannot be redacted, deleted, concealed or separated from 41
information that is not otherwise confidential. 42
5. An officer, employee or agent of a governmental entity who 43
has legal custody or control of a public record: 44
– 20 –
- *SB160*
(a) Shall not refuse to provide a copy of that public record in the 1
medium that is requested because the officer, employee or agent has 2
already prepared or would prefer to provide the copy in a different 3
medium. 4
(b) Except as otherwise provided in NRS 239.030, shall, upon 5
request, prepare the copy of the public record and shall not require 6
the person who has requested the copy to prepare the copy himself 7
or herself. 8
Sec. 36. NRS 283.440 is hereby amended to read as follows: 9
283.440 1. Any person who is now holding or who shall 10
hereafter hold any office in this State and who refuses or neglects to 11
perform any official act in the manner and form prescribed by law, 12
or who is guilty of any malpractice or malfeasance in office, may be 13
removed therefrom as hereinafter prescribed in this section, except 14
that this section does not apply to: 15
(a) A justice or judge of the court system; 16
(b) A state officer removable from office only through 17
impeachment pursuant to Article 7 of the Nevada Constitution; or 18
(c) A State Legislator removable from office only through 19
expulsion by the State Legislator’s own House pursuant to Section 6 20
of Article 4 of the Nevada Constitution. 21
2. Whenever a complaint in writing, duly verified by the oath 22
of any complainant, is presented to the district court alleging that 23
any officer within the jurisdiction of the court: 24
(a) Has been guilty of charging and collecting any illegal fees 25
for services rendered or to be rendered in the officer’s office; 26
(b) Has refused or neglected to perform the official duties 27
pertaining to the officer’s office as prescribed by law; or 28
(c) Has been guilty of any malpractice or malfeasance in office, 29
the court shall cite the party charged to appear before it on a 30
certain day, not more than 10 days or less than 5 days from the day 31
when the complaint was presented. On that day, or some subsequent 32
day not more than 20 days from that on which the complaint was 33
presented, the court, in a summary manner, shall proceed to hear the 34
complaint and evidence offered by the party complained of. If, on 35
the hearing, it appears that the charge or charges of the complaint 36
are sustained, the court shall enter a decree that the party 37
complained of shall be deprived of the party’s office. 38
3. The clerk of the court in which the proceedings are had, 39
shall, within 3 days thereafter, transmit to the Governor or the board 40
of county commissioners of the proper county, as the case may be, a 41
copy of any decree or judgment declaring any officer deprived of 42
any office under this section. The Governor or the board of county 43
commissioners, as the case may be, shall appoint some person to fill 44
the office until a successor shall be elected or appointed and 45
– 21 –
- *SB160*
qualified. The person so appointed shall give such bond as security 1
as is prescribed by law and pertaining to the office. 2
4. If the judgment of the district court is against the officer 3
complained of and an appeal is taken from the judgment so 4
rendered, the officer so appealing shall not hold the office during the 5
pendency of the appeal, but the office shall be filled as in case of a 6
vacancy. 7
5. As used in this section, “malfeasance in office” includes, 8
without limitation: 9
(a) Engaging in an unlawful employment practice of 10
discrimination pursuant to Title VII of the Civil Rights Act of 1964, 11
42 U.S.C. §§ 2000e et seq., or NRS 613.330 that is severe or 12
pervasive such that removal from office is an appropriate remedy. 13
(b) Willfully failing to comply with any other sanction imposed 14
upon a local elected officer pursuant to [NRS 233.175.] section 23 15
of this act. 16
Sec. 37. NRS 353.347 is hereby amended to read as follows: 17
353.347 1. [If] In relation to the Nevada Equal Rights 18
Commission, if the [Director of the Department of Employment, 19
Training and Rehabilitation] Attorney General determines that 20
current claims exceed the amount of money available because 21
revenue from billed services has not been collected or because of a 22
delay in the receipt of money from federal grants, he or she may 23
request from the Director of the Office of Finance a temporary 24
advance from the State General Fund for the payment of authorized 25
expenses. 26
2. The Director of the Office of Finance shall notify the State 27
Controller and the Fiscal Analysis Division of the Legislative 28
Counsel Bureau of his or her approval of a request made pursuant to 29
subsection 1. The State Controller shall draw his or her warrant 30
upon receipt of the approval by the Director of the Office of 31
Finance. 32
3. An advance from the State General Fund: 33
(a) May be approved by the Director of the Office of Finance for 34
the budget account of the Nevada Equal Rights Commission of the 35
[Department of Employment, Training and Rehabilitation.] Office 36
of the Attorney General. 37
(b) Is limited to 25 percent of the revenue expected to be 38
received by the Nevada Equal Rights Commission in the current 39
fiscal year from any source other than legislative appropriation. 40
4. Any money which is temporarily advanced from the State 41
General Fund to an account pursuant to subsection 3 must be repaid 42
by August 31 following the end of the immediately preceding fiscal 43
year. 44
– 22 –
- *SB160*
Sec. 38. NRS 613.412 is hereby amended to read as follows: 1
613.412 If a person files a complaint pursuant to paragraph (b) 2
of subsection 1 of [NRS 233.160] section 18 of this act which 3
alleges an unlawful discriminatory practice in employment, the 4
Nevada Equal Rights Commission shall issue, upon request from the 5
person, a right-to-sue notice if at least 180 days have passed after 6
the complaint was filed pursuant to [NRS 233.160.] section 18 of 7
this act. The right-to-sue notice must indicate that the person may, 8
not later than 90 days after the date of receipt of the right-to-sue 9
notice, bring a civil action in district court against the person named 10
in the complaint. 11
Sec. 39. Section 18 of this act is hereby amended to read as 12
follows: 13
Sec. 18. 1. A complaint which alleges unlawful 14
discriminatory practices in: 15
(a) Housing must be filed with the Commission not later 16
than 1 year after the date of the occurrence of the alleged 17
practice or the date on which the practice terminated. 18
(b) Employment or public accommodations must be filed 19
with the Commission not later than 300 days after the date of 20
the occurrence of the alleged practice. 21
A complaint is timely if it is filed with an appropriate 22
federal agency within that period. A complainant shall not file 23
a complaint with the Commission if any other state or federal 24
administrative body or officer which has comparable 25
jurisdiction to adjudicate complaints of discriminatory 26
practices has made a decision upon a complaint based upon 27
the same facts and legal theory. 28
2. The complainant shall specify in the complaint the 29
alleged unlawful practice . [and sign it] The complaint must 30
be in writing and signed under oath [.] by the complainant. 31
3. If the complaint alleges an unlawful discriminatory 32
practice in housing, the Commission shall serve upon the 33
complainant: 34
(a) Notice that the complaint was filed with the 35
Commission; 36
(b) A copy of the procedures of the Commission; 37
(c) The information set forth in subsection 9 of section 38
22 of this act; and 39
(d) Information relating to the state and federal 40
administrative bodies and courts with which the 41
complainant may file the complaint. 42
4. The Commission shall send to the party against whom 43
an unlawful discriminatory practice is alleged: 44
(a) A copy of the complaint; 45
– 23 –
- *SB160*
(b) An explanation of the rights which are available to 1
that party; and 2
(c) A copy of the procedures of the Commission. 3
If the complaint alleges an unlawful discriminatory 4
practice in housing, the Commission shall comply with the 5
requirements of this subsection within 10 days after the 6
Commission receives the complaint. 7
[4.] 5. A person against whom an unlawful 8
discriminatory practice in housing is alleged may file 9
with the Commission an answer to the complaint filed 10
against the person not later than 10 days after the person 11
receives the information described in subsection 4. 12
6. The Commission shall notify each party to the 13
complaint of the limitation on the period of time during which 14
a person may apply to the district court for relief pursuant to 15
NRS 613.430. 16
[5.] 7. If a person files a complaint pursuant to 17
paragraph (b) of subsection 1 which alleges an unlawful 18
discriminatory practice in employment, the Commission 19
shall, as soon as practicable after receiving the complaint, 20
notify in writing the person who filed the complaint that the 21
person may request that the Commission issue a right-to-sue 22
notice pursuant to NRS 613.412. 23
[6.] 8. For the purposes of paragraph (b) of subsection 24
1, an unlawful discriminatory practice in employment which 25
relates to compensation occurs on: 26
(a) Except as otherwise provided in paragraph (b), the 27
date prescribed by 42 U.S.C. § 2000e-5(e)(3)(A), as that 28
section existed on January 1, 2019. 29
(b) If 42 U.S.C. § 2000e-5(e)(3)(A) is amended and the 30
Commission determines by regulation that the section, as 31
amended, provides greater protection for employees than that 32
section as it existed on January 1, 2019, the date prescribed 33
by 42 U.S.C. § 2000e-5(e)(3)(A), as amended. 34
Sec. 40. Section 22 of this act is hereby amended as follows: 35
Sec. 22. 1. When a complaint is filed whose 36
allegations if true would support a finding of unlawful 37
practice, the Commission shall determine whether to hold an 38
informal meeting to attempt a settlement of the dispute in 39
accordance with the regulations adopted pursuant to section 40
17 of this act. If the Commission determines to hold an 41
informal meeting, the Administrator may, to prepare for the 42
meeting, request from each party any information which is 43
reasonably relevant to the complaint. [No] Except as 44
– 24 –
- *SB160*
otherwise provided in subsection 3, no further action may be 1
taken if the parties agree to a settlement. 2
2. If an agreement is not reached at the informal meeting 3
held pursuant to subsection 1, the Administrator shall 4
determine whether to conduct an investigation into the 5
alleged unlawful practice in accordance with the regulations 6
adopted pursuant to section 17 of this act. After the 7
investigation, if the Administrator determines that an 8
unlawful practice has occurred, the Administrator shall 9
attempt to mediate between or reconcile the parties. The party 10
against whom a complaint was filed may agree to cease the 11
unlawful practice. [If] Except as otherwise provided in 12
subsection 3, if an agreement is reached, no further action 13
may be taken by the complainant or by the Commission. 14
3. If an agreement is reached by the parties in a case 15
involving a discriminatory practice in housing, the 16
agreement must be approved by the Commission. The 17
agreement must be made public unless the parties otherwise 18
agree and the Commission determines that disclosure is not 19
necessary to further the purposes of chapter 118 of NRS. 20
4. If the attempts at mediation or conciliation conducted 21
pursuant to subsection 2 fail [,] in a case involving an 22
unlawful practice in employment or public 23
accommodations, the Commission may hold a public hearing 24
on the matter. After the hearing, if the Commission 25
determines that an unlawful practice has occurred, the 26
Commission may: 27
(a) Serve a copy of the findings of fact of the Commission 28
within 10 calendar days upon any person found to have 29
engaged in the unlawful practice; and 30
(b) Order the person to: 31
(1) Cease and desist from the unlawful practice. The 32
order must include, without limitation, the corrective action 33
the person must take. 34
(2) In cases involving an unlawful employment 35
practice, restore all benefits and rights to which the aggrieved 36
person is entitled, including, without limitation, rehiring, back 37
pay for a period described in subsection [4,] 5, annual leave 38
time, sick leave time or pay, other fringe benefits and 39
seniority, with interest thereon from the date of the decision 40
of the Commission at a rate equal to the prime rate at the 41
largest bank in Nevada, as ascertained by the Commissioner 42
of Financial Institutions, on January 1 or July 1, as the case 43
may be, immediately preceding the date of the decision, plus 44
2 percent. The rate of interest must be adjusted accordingly 45
– 25 –
- *SB160*
on each January 1 and July 1 thereafter until the judgment is 1
satisfied. 2
(3) In cases involving an unlawful employment 3
practice relating to discrimination on the basis of sex, pay an 4
amount determined to be appropriate by the Commission for 5
lost wages that would have been earned in the absence of 6
discrimination or other economic damages resulting from the 7
discrimination, including, without limitation, lost payment for 8
overtime, shift differential, cost of living adjustments, merit 9
increases or promotions, or other fringe benefits. 10
(4) In cases involving an unlawful employment 11
practice committed by an employer with 50 or more 12
employees that the Commission determines was willful, pay a 13
civil penalty of: 14
(I) For the first unlawful employment practice that 15
the person has engaged in during the immediately preceding 5 16
years which the Commission determines was willful, not 17
more than $5,000. 18
(II) For the second unlawful employment practice 19
that the person has engaged in during the immediately 20
preceding 5 years which the Commission determines was 21
willful, not more than $10,000. 22
(III) For the third and any subsequent unlawful 23
employment practice that the person has engaged in during 24
the immediately preceding 5 years which the Commission 25
determines was willful, not more than $15,000. 26
[4.] 5. For the purposes of subparagraph (2) of 27
paragraph (b) of subsection [3,] 4, the period for back pay 28
must not exceed a period beginning 2 years before the date on 29
which the complaint was filed and ending on the date the 30
Commission issues an order pursuant to paragraph (b) of 31
subsection [3.] 4. 32
[5.] 6. Before imposing a civil penalty pursuant to 33
subparagraph (4) of paragraph (b) of subsection [3,] 4, the 34
Commission must allow the person found to have willfully 35
engaged in an unlawful employment practice 30 days to take 36
corrective action from the date of service of the order made 37
pursuant to paragraph (a) of subsection [3.] 4. If the person 38
takes such corrective action, the Commission shall not 39
impose the civil penalty. 40
[6.] 7. If the attempts at mediation or conciliation fail 41
in a case involving an unlawful housing practice: 42
(a) The complainant or the person against whom the 43
complaint was filed may elect to have the claims included in 44
the complaint decided in a court of competent jurisdiction. 45
– 26 –
- *SB160*
If the court determines that the person against whom the 1
complaint was filed has committed an unlawful housing 2
practice, the court may: 3
(1) Award to the complainant actual damages and, 4
within the limitations prescribed by federal law, punitive 5
damages; 6
(2) Award to the prevailing party costs and 7
reasonable attorney’s fees; and 8
(3) Order such other relief as the court deems 9
appropriate, including, without limitation: 10
(I) Ordering a permanent or temporary 11
injunction; 12
(II) Issuing a temporary restraining order; or 13
(III) Enjoining the defendant from continuing the 14
unlawful practice or taking other affirmative action. 15
(b) If an election is not made pursuant to paragraph (a), 16
the Commission shall hold a public hearing on the matter. 17
After the hearing, if the Commission determines that an 18
unlawful practice has occurred, the Commission may: 19
(1) Serve a copy of the findings of fact within 10 days 20
upon any person found to have engaged in the unlawful 21
practice; 22
(2) Order the person to cease and desist from the 23
unlawful practice; 24
(3) Award to the complainant actual damages; and 25
(4) Impose a civil penalty of not more than $25,000 26
upon the person who committed the unlawful 27
discriminatory practice. 28
8. The order of the Commission is a final decision in a 29
contested case for the purpose of judicial review. If the 30
person fails to comply with the order, the Commission shall 31
apply to the district court for an order compelling compliance, 32
but failure or delay on the part of the Commission does not 33
prejudice the right of an aggrieved party to judicial review. 34
The court shall issue the order unless it finds that the findings 35
or order of the Commission are not supported by substantial 36
evidence or are otherwise arbitrary or capricious. If the court 37
upholds the order of the Commission and finds that the 38
person has violated the order by failing to cease and desist 39
from the unlawful practice or to make the payment ordered, 40
the court shall award the aggrieved party actual damages for 41
any economic loss and no more. 42
[7.] 9. After the Commission has held a public hearing 43
and rendered a decision, the complainant is barred from 44
– 27 –
- *SB160*
proceeding on the same facts and legal theory before any 1
other administrative body or officer. 2
[8.] 10. For the purposes of this section, an unlawful 3
employment practice shall be deemed to be willful if a person 4
engages in the practice with knowledge that it is unlawful or 5
with reckless indifference to whether it is lawful or unlawful. 6
Sec. 41. 1. As soon as practicable after July 1, 2025, the 7
Attorney General shall appoint to the Nevada Equal Rights 8
Commission the members required by section 8 of this act to be 9
appointed to the Commission. 10
2. The persons who are members of the Nevada Equal Rights 11
Commission created by NRS 233.030, as that section existed on 12
June 30, 2025, continue to serve as members until the Attorney 13
General appoints members to the Commission pursuant to section 8 14
of this act. 15
Sec. 42. 1. As soon as practicable after July 1, 2025, the 16
Attorney General shall appoint to the Nevada Equal Rights 17
Commission the Administrator of the Commission required by 18
section 10 of this act to be appointed. 19
2. Any person who, on July 1, 2025, is serving as the 20
Administrator of the Nevada Equal Rights Commission and who is 21
otherwise qualified to serve as the Administrator on that date may 22
continue to serve in that capacity until his or her successor is 23
appointed by the Attorney General pursuant to section 10 of this act. 24
Sec. 43. 1. Any administrative regulations adopted by an 25
officer or an agency whose name has been changed or whose 26
responsibilities have been transferred pursuant to the provisions of 27
this act to another officer or agency remain in force until amended 28
by the officer or agency to which the responsibility for the adoption 29
of the regulations has been transferred. 30
2. Any contracts or other agreements entered into by an officer 31
or agency whose name has been changed or whose responsibilities 32
have been transferred pursuant to the provisions of this act to 33
another officer or agency are binding upon the officer or agency to 34
which the responsibility for the administration of the provisions of 35
the contract or other agreement has been transferred. Such contracts 36
and other agreements may be enforced by the officer or agency to 37
which the responsibility for the enforcement of the provisions of the 38
contract or other agreement has been transferred. 39
3. Any action taken by an officer or agency whose name has 40
been changed or whose responsibilities have been transferred 41
pursuant to the provisions of this act to another officer or agency 42
remains in effect as if taken by the officer or agency to which the 43
responsibility for the enforcement of such actions has been 44
transferred. 45
– 28 –
- *SB160*
Sec. 44. The provisions of subsection 1 of NRS 218D.380 do 1
not apply to any provision of this act which adds or revises a 2
requirement to submit a report to the Legislature. 3
Sec. 45. The Legislative Counsel shall, in preparing 4
supplements to the Nevada Administrative Code, appropriately 5
change any references to an officer, agency or other entity whose 6
name is changed or whose responsibilities are transferred pursuant 7
to the provisions of this act to refer to the appropriate officer, 8
agency or other entity. 9
Sec. 46. NRS 233.010, 233.020, 233.030, 233.040, 233.050, 10
233.080, 233.085, 233.090, 233.100, 233.110, 233.140, 233.150, 11
233.153, 233.157, 233.160, 233.165, 233.170, 233.175 233.180, 12
233.190, 233.200, 233.205, 233.207, 233.210 and 233.220 are 13
hereby repealed. 14
Sec. 47. 1. This section becomes effective upon passage and 15
approval. 16
2. Sections 1 to 14, inclusive, 16, 17, 18, 22 to 38, inclusive, 17
and 41 to 46, inclusive, of this act become effective on July 1, 2025. 18
3. Sections 15, 20 and 21 of this act become effective: 19
(a) Upon passage and approval for the purpose of adopting any 20
regulations and performing any other preparatory administrative 21
tasks that are necessary to carry out the provisions of this act; and 22
(b) On January 1, 2026, for all other purposes. 23
4. Sections 19, 39 and 40 of this act become effective on the 24
date the Governor declares that the Federal Government has 25
determined that certain provisions of NRS provide rights and 26
remedies for alleged discriminatory housing practices substantially 27
equivalent to federal law. 28
LEADLINES OF REPEALED SECTIONS
233.010 Declaration of public policy.
233.020 Definitions.
233.030 Creation; number, appointment and salary of
members; expenses of members and employees.
233.040 Qualifications of members.
233.050 Chair and Secretary; meetings; classification of
employees.
233.080 Biennial report to Governor and Director of
Legislative Counsel Bureau.
233.085 Designation by Governor of another agency to
perform certain duties and functions of Commission.
– 29 –
- *SB160*
233.090 Administrator: Appointment; qualifications.
233.100 Administrator: Classification.
233.110 Administrator: Duties.
233.140 Commission: Duties.
233.150 Commission: Authority to order Administrator to
conduct investigations and hearings; mediation; subpoenas;
regulations.
233.153 Legislative approval required before Commission
may enter into contract with United States Department of
Housing and Urban Development to act as certified agency.
233.155 Nevada Equal Rights Commission Gift Fund.
233.157 Acceptance of complaint alleging unlawful
discriminatory practice; regulations for processing and
determining type of administrative action on complaints.
233.160 Complaint alleging unlawful discriminatory
practices: Limitations on filing; contents; duties of Commission;
date on which unlawful discriminatory practice in employment
occurs.
233.165 Complaint alleging unlawful discriminatory
practice in housing: Period for investigation and final
disposition; exception.
233.170 Complaint alleging unlawful discriminatory
practice: Procedure for resolution; effect of settlement,
agreement or administrative order; scope of administrative
order; judicial order compelling compliance; judicial review of
administrative order; limitations on certain administrative
actions; certain unlawful employment practices deemed willful.
233.175 Complaint alleging local elected officer engaged in
unlawful employment practice of discrimination: Acceptance by
Commission; presentation of certain complaints to district
court; imposition of monetary penalties and sanctions.
233.180 Injunctive relief.
233.190 Confidentiality of information.
233.200 Report to Governor upon completion of hearing;
efforts of Commission to bring about compliance with its
recommendations.
233.205 Differential pricing, discounted pricing or special
offers based on gender do not constitute unlawful
discriminatory practice in public accommodations.
233.207 Authority of employers to enforce health and
safety requirements notwithstanding protections for hair
texture and protective hairstyles.
233.210 Penalty for willful interference with performance
of duties by Commission.
– 30 –
- *SB160*
233.220 Deposit of penalties and fines; claims for attorney’s
fees and costs of investigation.
H