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- 83rd Session (2025)
Senate Bill No. 160–Senator Neal
CHAPTER..........
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 an d
paralegals who provide services to or are employed by the
Commission; 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
Department of Employment, Training and Rehabilitation. (Chapter 233 of NRS)
Sections 2-30 of this bill: (1) move the Commission from the Department to the
Office of the Attorney General; and (2) reorganize certain provisions relating to the
Commission. Section 46 of this bill repeals the provisions of existing law which
establish the Commission within the Department. Consistent with the repeal and
relocation of the Commission, sections 31-38 of this bill revise certain references to
provisions of existing law relating to the Commission.
Sections 41 and 42 of this bill: (1) require the Attorney General to appoint the
members of the Commission and the Administr ator of the Commission as soon as
practicable after July 1, 2025; and (2) provide that the existing members and
Administrator, if qualified, may continue to serve until the Attorney General
appoints the new members and Administrator.
Existing law require s the Commission to carry out certain duties. (NRS
233.140) Section 12 requires the Commission to prepare and publish on the
Internet website of the Commission a summary of the process by which a person
may file an appeal with the United States Equal Employment Opportunity
Commission.
Under existing law, the Commission is a uthorized to investigate and conduct
hearings concerning acts of prejudice with regard to housing, employment and
public accommodations. (NRS 233.150) Section 15 requires: (1) an attorney who is
employed by, contracts with or provides volunteer services to the Commission to
review any complaint filed with the Commission alleging an unlawful
discriminatory practice and prepare all findings of fact and final disposition of the
complaint; (2) a paralegal who is employed by the Commission to annually
complete a minimum number of hours established by the Commission of
continuing education in certain areas relating to the work of the Commission; and
(3) the Commission to establish programs for law students to intern with the
Commission and attorneys to volunteer legal services to the Commission.
Under existing law, if the Commission conducts an investigation of a complaint
which alleges an unlawful discriminatory practice in housing, the Commission must
make a final disposition of the complaint within 1 year afte r the date the
Commission receives the complaint, unless it is impracticable to do so. (NRS
233.165) Sections 19 and 21 require that if the Commission conducts an
investigation of a complaint alleging an unlawful discriminatory practice in
housing, the Commission must make a final disposition of the complaint within 18
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months after the date the complaint is received, unless the Commission determines
it is impracticable to do so. If the Commission determines it is impracticable,
section 21 requires the Commi ssion to send to the complainant and the person
against whom the complaint was filed a statement informing the parties of its
reasons for not making a final disposition of the complaint within that period.
Section 21 also prohibits the Commission from cl osing a complaint without a
final disposition, unless the complainant has verbally or physically abused or
threatened a member of the Commission.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
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
thereto the provisions set forth as sections 2 to 30, inclusive, of this
act.
Sec. 2. 1. It is hereby declared to be the public policy of the
State of Nevada to protect the welfare, prosperity, health and
peace of all the people of the State, and to foster the right of all
persons reasonably to seek and obtain housing accommodations
without discrimination, distinction or restriction because of race,
religious creed, color, ag e, sex, disability, sexual orientation,
gender identity or expression, national origin or ancestry.
2. It is hereby declared to be the public policy of the State of
Nevada to protect the welfare, prosperity, health and peace of all
the people of the Stat e, and to foster the right of all persons
reasonably to seek and be granted services in places of public
accommodation without discrimination, distinction or restriction
because of race, religious creed, color, age, sex, disability, sexual
orientation, gen der identity or expression, national origin or
ancestry.
3. It is hereby declared to be the public policy of the State of
Nevada to protect the welfare, prosperity, health and peace of all
the people of the State, and to foster the right of all persons
reasonably to seek, obtain and hold employment without
discrimination, distinction or restriction because of race, religious
creed, color, age, sex, disability, sexual orientation, gender identity
or expression, national origin or ancestry. As used in this
subsection:
(a) “Protective hairstyle” includes, without limitation,
hairstyles such as natural hairstyles, afros, bantu knots, curls,
braids, locks and twists.
(b) “Race” includes traits associated with race, including,
without limitation, hair texture and protective hairstyles.
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4. It is recognized that the people of this State should be
afforded full and accurate information concerning actual and
alleged practices of discrimination and acts of prejudice, and that
such information may provide the basis for formulating statutory
remedies of equal protection and opportunity for all citizens in this
State.
Sec. 3. As used in sections 2 to 30, inclusive, of this act,
unless the context otherwise requires, the words and terms defined
in sections 4 to 7, inclusive, of this act, have the meanings
ascribed to them in those sections.
Sec. 4. “Administrator” means the Administrator of the
Commission.
Sec. 5. “Commission” means the Nevada Equal Rights
Commission in the Office of the Attorney General.
Sec. 6. “Disability” means, with respect to a person:
1. A physical or mental impairment that substantially limits
one or more of the major life activities of the person;
2. A record of such an impairment; or
3. Being regarded as having such an impairment.
Sec. 7. “Member” means a member of the Nevada Equal
Rights Commission.
Sec. 8. 1. The Nevada Equal Rights Commission is hereby
created in the Office of the Attorney General.
2. The Commission consists of five members appointed by the
Attorney General. The members of the Commission must be
representative of all groups, including, without limitation, those
based on religion, disability, race, ethnicity, sexual orientation and
gender identity or expression, and representative of both sexes in
the State.
3. Each member of the Commission is entitled to receive a
salary of not more than $80, as fixed by the Commission, for each
day actually employed on the work of the Commission.
4. While engaged in the business of the Commission, each
member and employee of the Commission is entitled to receive the
per diem allowance and travel expenses provided for state officers
and employees generally.
Sec. 9. 1. The Attorney General shall appoint a Chair of
the Commission and the members shall elect a Secretary from the
membership of the Commission.
2. The Commission may meet regularly at least twice a year
on the call of the Chair at a place designated by the Chair or a
majority of the Commission.
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3. The employees of the Commission are in the classified
service of the State.
Sec. 10. 1. The Attorney General shall appoint an
Administrator of the Commission. The Administrator must have
had successful experience in the administration and promotion of
a program comparable to the program provided by sections 2 to
30, inclusive, of this act.
2. The Administrator shall:
(a) Be jointly responsible to the Attorney General and the
Commission;
(b) Directly supervise all the technical and administrative
activities of the Commission; and
(c) Perform any lawful act which the Administrator considers
necessary or desirable to carry out the purposes and provisions of
sections 2 to 30, inclusive, of this act.
3. On or before January 15 of each odd -numbered year, the
Administrator shall prepare and submit a report concerning
the activities of the Commission to the Attorney General and the
Director of the Legislative Counsel Bureau. The Director of the
Legislative Counsel Bureau shall cause the report to be made
available to each Senator and member of the Assembly.
Sec. 11. The Attorney General may designate another agency
to perform the duties and functions of the Commission set forth in
sections 13 and 18 to 22, inclusive, of this act.
Sec. 12. The Commission shall:
1. Foster mutual understanding and respect among all
groups, including, without limitation, those based on race,
religion, disabil ity, ethnicity, sexual orientation and gender
identity or expression, and between the sexes in the State.
2. Aid in securing equal health and welfare services and
facilities for all the residents of the State without regard to race,
religion, sex, sexual orientation, gender identity or expression,
age, disability or nationality.
3. Study problems arising between groups within the State
which may result in tensions, discrimination or prejudice because
of race, color, creed, sex, sexual orientation, gende r identity or
expression, age, disability, national origin or ancestry, and
formulate and carry out programs of education and disseminate
information with the objective of discouraging and eliminating
any such tensions, prejudices or discrimination.
4. Secure the cooperation of various groups, including,
without limitation, those based on race, religion, sex, sexual
orientation, gender identity or expression, age, disability,
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nationality and ethnicity, veterans’ organizations, labor
organizations, business and industry organizations and fraternal,
benevolent and service groups, in educational campaigns devoted
to the need for eliminating group prejudice, racial or area
tensions, intolerance or discrimination.
5. Cooperate with and seek the cooperation of federal and
state agencies and departments in carrying out projects within
their respective authorities to eliminate intergroup tensions and to
promote intergroup harmony.
6. Develop and carry out programs of education and
disseminate information as necessary to inform employers,
employees, employment agencies and job applicants about their
rights and responsibilities set forth in NRS 613.4353 to 613.4383,
inclusive.
7. Prepare and publish a summary on the Internet website of
the Commission which de scribes the process by which a person
may file an appeal with the United States Equal Employment
Opportunity Commission pursuant to Title VII of the Civil Rights
Act of 1964, 42 U.S.C. §§ 2000e et seq., or NRS 613.420, which
must include, without limitation, a sample appeal.
Sec. 13. The Commission may:
1. Order the Administrator to:
(a) With regard to public accommodation, investigate tensions,
practices of discrimination and acts of prejudice against any
person or grou p because of race, color, creed, sex, age, disability,
sexual orientation, national origin, ancestry or gender identity or
expression and may conduct hearings with regard thereto.
(b) With regard to housing, investigate tensions, practices of
discrimination and acts of prejudice against any person or group
because of race, color, creed, sex, age, disability, sexual
orientation, gender identity or expression, national origin or
ancestry, and may conduct hearings with regard thereto.
(c) With regard to employment, investigate:
(1) Tensions, practices of discrimination and acts of
prejudice against any person or group because of race, color,
creed, sex, age, disability, sexual orientation, gender identity or
expression, national origin or ancestry, and may conduct hearings
with regard thereto; and
(2) Any unlawful employment practice by an employer
pursuant to the provisions of NRS 613.4353 to 613.4383, inclusive,
and may conduct hearings with regard thereto.
As used in this paragraph, “race” includes tr aits associated
with race, including, without limitation, hair texture and
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protective hairstyles, as defined in paragraph (a) of subsection 3 of
section 2 of this act.
2. Mediate between or reconcile the persons or groups
involved in the tensions, practi ces and acts described in
subsection 1.
3. Issue subpoenas for the attendance of witnesses or for the
production of documents or tangible evidence relevant to any
investigations or hearings conducted by the Commission.
4. Delegate its power to hold hearings and issue subpoenas to
a member or any hearing officer employed by the Commission.
5. Adopt reasonable regulations necessary for the
Commission to carry out the functions assigned to it by law.
Sec. 14. 1. The Commission shall not contract with or enter
into a memorandum of understanding with the United States
Department of Housing and Urban Development for the
Commission to investigate and enforce laws relating to fair
housing as a certified agency unless the Legislature, by resolution
or other appropriate legislative measure, expressly authorizes the
Commission to do so.
2. As used in this section:
(a) “Certified agency” has the meaning ascribed to it in 24
C.F.R. § 115.100(c). The term includes the certification of an
agency as substantially equivalent as described in 42 U.S.C. §
3610(f)(3)(A) and 24 C.F.R. Part 115, Subpart B.
(b) “Memorandum of understanding” means the
memorandum of understanding described in 24 C.F.R. § 115.205.
Sec. 15. 1. An attorney who is employed by, contracts with
or provides volunteer services to the Commission must:
(a) Review any complaint filed with the Commission which
alleges an unlawful discriminatory practice; and
(b) Prepare all findings of fact relating to an investigation and
the final disposition of the complaint before the Commission.
2. A paralegal who is employed by the Commission must
annually complete a minimum number of hours established by the
Commission of continuing education in the areas of constitutional
laws, state law and federal law relating to unlawful discriminatory
practices.
3. The Commission shall establish:
(a) An internship program for law students to provide services
to the Commission; and
(b) A volunteer program for attorneys to provide legal services
to the Commission.
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Sec. 16. All gifts of m oney which the Commission is
authorized to accept must be deposited with the State Treasurer for
credit to the Nevada Equal Rights Commission Gift Fund which is
hereby created as a trust fund.
Sec. 17. The Commission shall:
1. Accept any complaint alleging an unlawful discriminatory
practice over which the Commission has jurisdiction pursuant to
sections 2 to 30, inclusive, of this act; and
2. Adopt regulations setting forth the manner in which the
Commission will proces s a complaint and determine whether to
hold an informal meeting or conduct an investigation concerning
the complaint.
Sec. 18. 1. A complaint which alleges unlawful
discriminatory practices in:
(a) Housing must be filed with the Commission not later than
1 year after the date of the occurrence of the alleged practice or
the date on which the practice terminated.
(b) Employment or public accommodations must be filed with
the Commission not later than 300 days after the da te of the
occurrence of the alleged practice.
A complaint is timely if it is filed with an appropriate federal
agency within that period. A complainant shall not file a
complaint with the Commission if any other state or federal
administrative body or of ficer which has comparable jurisdiction
to adjudicate complaints of discriminatory practices has made a
decision upon a complaint based upon the same facts and legal
theory.
2. The complainant shall specify in the complaint the alleged
unlawful practice and sign it under oath.
3. The Commission shall send to the party against whom an
unlawful discriminatory practice is alleged:
(a) A copy of the complaint;
(b) An explanation of the rights which are available to that
party; and
(c) A copy of the procedures of the Commission.
4. The Commission shall notify each party to the complaint of
the limitation on the period of time during which a person may
apply to the district court for relief pursuant to NRS 613.430.
5. If a person files a complaint pursuant to paragraph (b) of
subsection 1 which alleges an unlawful discriminatory practice in
employment, the Commission shall, as soon as practicable after
receiving the complaint, notify in writing the person who filed the
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complaint that the person may request that the Commission issue
a right-to-sue notice pursuant to NRS 613.412.
6. For the purposes of paragraph (b) of subsection 1, an
unlawful discriminatory practice in employment which relates to
compensation occurs on:
(a) Except as otherwise pro vided in paragraph (b), the date
prescribed by 42 U.S.C. § 2000e -5(e)(3)(A), as that section existed
on January 1, 2019.
(b) If 42 U.S.C. § 2000e -5(e)(3)(A) is amended and the
Commission determines by regulation that the section, as
amended, provides gre ater protection for employees than that
section as it existed on January 1, 2019, the date prescribed by 42
U.S.C. § 2000e-5(e)(3)(A), as amended.
Sec. 19. 1. If the Commission determines to conduct an
investigation of a c omplaint which alleges an unlawful
discriminatory practice in housing in accordance with the
regulations adopted pursuant to section 17 of this act, the
Commission shall:
(a) Begin an investigation of the complaint within 30 days
after the Commission receives the complaint.
(b) Complete its investigation of the complaint within 100 days
after the Commission receives the complaint unless it is
impracticable to do so.
(c) Make a final disposition of the complaint within 18 months
after the date the Commiss ion receives the complaint unless it is
impracticable to do so.
2. If the Commission determines that it is impracticable to
complete an investigation or make a final disposition of a
complaint which alleges an unlawful discriminatory practice in
housing within the period prescribed in subsection 1, the
Commission shall send to the complainant and the person against
whom the complaint was filed a statement setting forth its reasons
for not completing the investigation or making a final disposition
of the complaint within that period.
Sec. 20. (Deleted by amendment.)
Sec. 21. 1. Except as otherwise provided in subsection 2 or
3, if the Commission conducts an investigation of a complaint
which alleges an unlawful discriminatory practice in housing,
employment or public accommodation in accordance with the
regulations adopted pursua nt to section 17 of this act, the
Commission must make a final disposition of the complaint within
18 months after the date the Commission receives the complaint
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unless the Commission determines it is impracticable to do so
pursuant to subsection 2.
2. If the Commission determines that it is impracticable to
make a final disposition of a complaint which alleges an unlawful
discriminatory practice within the period prescribed by subsection
1, the Commission shall send to the complainant and the person
against whom the complaint was filed a statement setting forth its
reasons for not making a final disposition of the complaint within
that period.
3. The Commission may close an investigation of a complaint
without a final disposition if the Commission det ermines that the
complainant has verbally or physically abused or threatened a
member of the Commission. The Commission may not close an
investigation without a final disposition for any other reason.
Sec. 22. 1. When a c omplaint is filed whose allegations if
true would support a finding of unlawful practice, the Commission
shall determine whether to hold an informal meeting to attempt a
settlement of the dispute in accordance with the regulations
adopted pursuant to secti on 17 of this act. If the Commission
determines to hold an informal meeting, the Administrator may, to
prepare for the meeting, request from each party any information
which is reasonably relevant to the complaint. No further action
may be taken if the parties agree to a settlement.
2. If an agreement is not reached at the informal meeting
held pursuant to subsection 1, the Administrator shall determine
whether to conduct an investigation into the alleged unlawful
practice in accordance with the regulatio ns adopted pursuant to
section 17 of this act. After the investigation, if the Administrator
determines that an unlawful practice has occurred, the
Administrator shall attempt to mediate between or reconcile the
parties. The party against whom a complaint was filed may agree
to cease the unlawful practice. If an agreement is reached, no
further action may be taken by the complainant or by the
Commission.
3. If the attempts at mediation or conciliation conducted
pursuant to subsection 2 fail, the Commission may hold a public
hearing on the matter. After the hearing, if the Commission
determines that an unlawful practice has occurred, the
Commission may:
(a) Serve a copy of the findings of fact of the Commission
within 10 calendar days upon any per son found to have engaged
in the unlawful practice; and
(b) Order the person to:
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(1) Cease and desist from the unlawful practice. The order
must include, without limitation, the corrective action the person
must take.
(2) In cases involving an unlawfu l employment practice,
restore all benefits and rights to which the aggrieved person is
entitled, including, without limitation, rehiring, back pay for a
period described in subsection 4, annual leave time, sick leave time
or pay, other fringe benefits and seniority, with interest thereon
from the date of the decision of the Commission at a rate equal to
the prime rate at the largest bank in Nevada, as ascertained by the
Commissioner of Financial Institutions, on January 1 or July 1,
as the case may be, immediately preceding the date of the decision,
plus 2 percent. The rate of interest must be adjusted accordingly
on each January 1 and July 1 thereafter until the judgment is
satisfied.
(3) In cases involving an unlawful employment practice
relating to dis crimination on the basis of sex, pay an amount
determined to be appropriate by the Commission for lost wages
that would have been earned in the absence of discrimination or
other economic damages resulting from the discrimination,
including, without limita tion, lost payment for overtime, shift
differential, cost of living adjustments, merit increases or
promotions, or other fringe benefits.
(4) In cases involving an unlawful employment practice
committed by an employer with 50 or more employees that the
Commission determines was willful, pay a civil penalty of:
(I) For the first unlawful employment practice that the
person has engaged in during the immediately preceding 5 years
which the Commission determines was willful, not more than
$5,000.
(II) For the second unlawful employment practice that
the person has engaged in during the immediately preceding 5
years which the Commission determines was willful, not more
than $10,000.
(III) For the third and any subsequent unlawful
employment practice t hat the person has engaged in during the
immediately preceding 5 years which the Commission determines
was willful, not more than $15,000.
4. For the purposes of subparagraph (2) of paragraph (b) of
subsection 3, the period for back pay must not exceed a period
beginning 2 years before the date on which the complaint was
filed and ending on the date the Commission issues an order
pursuant to paragraph (b) of subsection 3.
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5. Before imposing a civil penalty pursuant to subparagraph
(4) of paragraph (b) of subsection 3, the Commission must allow
the person found to have willfully engaged in an unlawful
employment practice 30 days to take corrective action from the
date of service of the order made pursuant to paragraph (a) of
subsection 3. If the person t akes such corrective action, the
Commission shall not impose the civil penalty.
6. The order of the Commission is a final decision in a
contested case for the purpose of judicial review. If the person
fails to comply with the order, the Commission shall apply to the
district court for an order compelling compliance, but failure or
delay on the part of the Commission does not prejudice the right of
an aggrieved party to judicial review. The court shall issue the
order unless it finds that the findings or o rder of the Commission
are not supported by substantial evidence or are otherwise
arbitrary or capricious. If the court upholds the order of the
Commission and finds that the person has violated the order by
failing to cease and desist from the unlawful pr actice or to make
the payment ordered, the court shall award the aggrieved party
actual damages for any economic loss and no more.
7. After the Commission has held a public hearing and
rendered a decision, the complainant is barred from proceeding on
the same facts and legal theory before any other administrative
body or officer.
8. For the purposes of this section, an unlawful employment
practice shall be deemed to be willful if a person engages in the
practice with knowledge that it is unlawful or wit h reckless
indifference to whether it is lawful or unlawful.
Sec. 23. 1. The Commission shall accept a complaint that
alleges that a local elected officer has engaged in an unlawful
employment practice of discrimination pursuant to Title VII of the
Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., or NRS
613.330 and take appropriate action.
2. The Commission shall present a complaint to the district
court pursuant to NRS 283.440 if the Commission determines
after a hearing held pursuant to subsection 3 of section 22 of this
act that a local elected officer has engaged in an unlawful
employment practice of discrimination pursuant to Title VII of the
Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., or NRS
613.330 and that the discriminatory practice that forms the basis
of such a complaint is severe or pervasive such that removal from
office is an appropriate remedy. In addition to any monetary
penalties, the Commission may impose upon the local elected
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officer any other reasonable sanction, including, without
limitation, a requirement to complete a course or training related
to the unlawful employment practice of discrimination.
3. Any fine or penalty required to be paid by a local elected
officer because such of ficer was determined pursuant to
subsection 2 to have engaged in an unlawful employment practice
of discrimination must be assessed against such officer in his or
her personal capacity, and may not be paid with public money or
contributions received pursua nt to chapter 294A of NRS. Except
for a fine or a penalty, no damages may be assessed against the
local elected officer in his or her personal capacity.
4. As used in this section, “local elected officer” means a
person who holds a local government offic e to which the person
was elected.
Sec. 24. If, after the Administrator has conducted a
preliminary investigation into an alleged unlawful discriminatory
practice in housing, employment or public accommodations, the
Commission determines that the practice will cause immediate and
irreparable harm to any person aggrieved by the practice, the
Commission, after the informal meeting and before holding a
public hearing upon the matter, may apply on behalf of such
person to the di strict court for a temporary restraining order or
preliminary injunction as provided in the Nevada Rules of Civil
Procedure.
Sec. 25. 1. Except as otherwise provided in this section or
NRS 239.0115, any information gathered by the Commission in
the course of its investigation of an alleged unlawful
discriminatory practice in housing, employment or public
accommodations is confidential.
2. Except as otherwise provided in subsection 5, the
Commission may disclose inf ormation gathered pursuant to
subsection 1 to:
(a) Any governmental entity as appropriate or necessary to
carry out its duties pursuant to sections 2 to 30, inclusive, of this
act; or
(b) Any other person if the information is provided in a
manner which does not include any information that may be used
to identify the complainant, the party against whom the unlawful
discriminatory practice is alleged or any person who provided
information to the Commission during the investigation.
3. Except as otherwis e provided in subsection 4, the
Commission shall disclose information gathered pursuant to
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subsection 1 to the complainant and the party against whom the
unlawful discriminatory practice is alleged if:
(a) Each has consented to such disclosure; or
(b) The Commission has determined to conduct a hearing on
the matter or apply for a temporary restraining order or an
injunction or an action has been filed in court concerning the
complaint.
4. The Commission may not disclose to the complainant or
the party a gainst whom the unlawful discriminatory practice is
alleged:
(a) Any information obtained during negotiations for a
settlement or attempts at mediating or conciliating the complaint;
(b) Any investigative notes or reports made by the
Commission; and
(c) Any information that may be used to identify a person who
provided information to the Commission during the investigation
and who has requested anonymity.
5. After the filing of a complaint with the Commission, access
to information related to the compl aint must be limited only to the
staff of the Commission as is necessary to carry out the duties of
the Commission relating to the complaint. Such staff shall not
disclose such information to the other officers and employees of
the Office of the Attorney G eneral, including, without limitation,
supervisors of the Office and the Attorney General, unless the
disclosure is necessary to carry out the duties of the Commission
relating to the complaint.
6. Except as otherwise provided in this section or NRS
239.0115, if the attempts of the Commission to mediate or
conciliate the cause of the grievance succeed, the information
gathered pursuant to subsection 1 must remain confidential.
7. If the Commission proceeds with a hearing or applies for
injunctive relief , confidentiality concerning any information,
except negotiations for a settlement or attempts at mediating or
conciliating the cause of the grievance, is no longer required.
Sec. 26. After the completion of any hearing, the
Commission shall report in writing to the Attorney General with
its findings of fact and recommendations or actions taken
pursuant to sections 2 to 30, inclusive, of this act. The Commission
shall use its best effor ts to bring about compliance with its
recommendations.
Sec. 27. Notwithstanding any provision of sections 2 to 30,
inclusive, of this act, it is not an unlawful discriminatory practice
in public accommodations for any plac e of public accommodation
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to offer differential pricing, discounted pricing or special offers
based on sex to promote or market the place of public
accommodation.
Sec. 28. Notwithstanding the protections in sections 2 to 30,
inclusive, of this act for hair texture and protective hairstyles, an
employer may enforce health and safety requirements set forth in
federal or state law.
Sec. 29. Any person who willfully resists, prevents or
impedes or interferes with the Commission, its members, the
Administrator or agents in the performance of duties pursuant to
sections 2 to 30, inclusive, of this act shall be fined not more than
$500.
Sec. 30. 1. All penalties and fines imposed by the
Commission pursuant to sections 22 and 29 of this act must be
deposited with the State Treasurer for credit to the State General
Fund.
2. If the money collected from the imposition of any penalty
and fine is deposited in the State G eneral Fund pursuant to
subsection 1, the Commission may present a claim to the State
Board of Examiners for recommendation to the Interim Finance
Committee if money is required to pay attorney’s fees or the costs
of an investigation, or both.
Sec. 31. NRS 232.910 is hereby amended to read as follows:
232.910 1. The Department of Employment, Training and
Rehabilitation is hereby created. The purpose of the Department is
to plan, coordinate and carry out various services and activities
designed to achieve and support employment and economic
independence for residents of this State who are disadvantaged,
displaced or disabled.
2. The Department consists of a Director and the following
divisions:
(a) Employment Security Division;
(b) Rehabilitation Division; and
(c) Such other divisions as the Director may establish.
3. The Governor’s Office of Workforce Innovation [, Nevada
Equal Rights Commission ] and the Board for the Education and
Counseling of Displaced Homemakers are within the Department.
Sec. 32. NRS 10.195 is hereby amended to read as follows:
10.195 Except as otherwise provided in [NRS 233.190: ]
section 25 of this act:
1. A settlement agreement must not contain a provision that
prohibits or otherwise restricts a party from disclosing factual
– 15 –
- 83rd Session (2025)
information relating to a claim in a civil or administrative action if
the claim relates to any of the following:
(a) Conduct that if criminal liability were imposed would
constitute a sexual offense pursuant to NRS 179D.097 and would be
punishable as a felony, regardless of whether there was a criminal
investigation, prosecution or conviction of such conduct;
(b) Discrimination on the basis of sex by an employer or a
landlord; or
(c) Retaliation by an employer or a landlord against the claimant
for his or her reporting of discrimination on the basis of sex.
2. If a settlement agreement is entered into on or after July 1,
2019, any provision in such an agreement that prohibits or otherwise
restricts a party from disclosing factual information pursuant to
subsection 1 is void and unenforceable.
3. A court shall not enter an order that prohibits or otherwise
restricts the disclosure of factual information in a manner that
conflicts with subsection 1.
4. Except as otherwise provided in subsection 5, upon the
request of the claimant, the settlement agreement must contain a
provision that prohibits the disclosure of:
(a) The identity of the claimant; and
(b) Any facts relating to the a ction that could lead to the
disclosure of the identity of the claimant.
5. If a governmental agency or a public officer is a party to the
settlement agreement pursuant to subsection 1, a claimant shall not
request and the settlement agreement must not c ontain a provision
pursuant to subsection 4.
6. Nothing in this section shall be construed to prohibit:
(a) A court from considering any pleading or other record to
determine the factual basis of a civil claim pursuant to subsection 1;
or
(b) An entry or enforcement of a provision in a settlement
agreement pursuant to subsection 1 that prohibits disclosure by a
party of the settlement amount.
7. As used in this section:
(a) “Claimant” means a person who filed a claim in a civil
action or an administrative action pursuant to subsection 1.
(b) “Employer” has the meaning ascribed to it in NRS 33.220.
(c) “Landlord” means an owner of real property, or the owner’s
representative, who provides a dwelling unit on the real property for
occupancy by another for valuable consideration.
– 16 –
- 83rd Session (2025)
Sec. 33. NRS 50.069 is hereby amended to read as follows:
50.069 1. Except as otherwise provided in [NRS 233.190, ]
section 25 of this act, a provision of a contract or settlement
agreement is void and unenforceable if:
(a) The provision prohibits or otherwise restricts a party to the
contract or settlement agreement from testifying at a judicial or
administrative proceeding when the party has been required or
requested to testify at the proceeding pursuant to:
(1) A court order;
(2) A lawful subpoena; or
(3) A written request by an administrative agency; and
(b) The judicial or administrative proceeding described in
paragraph (a) concerns another party to the contract or settlement
agreement and his or her commission of:
(1) A criminal offense;
(2) An act of sexual harassment, including, without
limitation, repeated, unsolicited verbal or physical contact of a
sexual nature that is threatening in character;
(3) An act of discr imination on the basis of race, religion,
color, national origin, disability, sexual orientation, gender identity
or expression, ancestry, familial status, age or sex by an employer or
a landlord; or
(4) An act of retaliation by an employer or a landlord against
another person for the reporting of discrimination on the basis of
race, religion, color, national origin, disability, sexual orientation,
gender identity or expression, ancestry, familial status, age or sex.
2. As used in this section:
(a) “Employer” has the meaning ascribed to it in NRS 33.220.
(b) “Landlord” means an owner of real property, or the owner’s
representative, who provides a dwelling unit on the real property for
occupancy by another for valuable consideration.
Sec. 34. NRS 118.110 is hereby amended to read as follows:
118.110 Any aggrieved person who claims to have been
injured by a discriminatory housing practice or who believes that he
or she will be injured by such a practice that is about to occur may
file a complaint with the Commission in the manner prescribed in
[NRS 233.160.] section 18 of this act.
Sec. 35. NRS 239.010 is hereby amended to read as follows:
239.010 1. Except as otherwise provided in this section and
NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095,
49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030,
62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152,
80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.54 13,
– 17 –
- 83rd Session (2025)
87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345,
88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270,
116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280,
119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640,
120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730,
127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312,
130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245,
176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156,
176A.630, 178. 39801, 178.4715, 178.5691, 178.5717, 179.495,
179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772,
200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923,
209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040,
213.095, 213.131, 217.105, 2 17.110, 217.464, 217.475, 218A.350,
218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615,
224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570,
231.069, 231.1285, 231.1473, 232.1369, [233.190,] 237.300,
239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040,
239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270,
239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264,
244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.130,
250.140, 250.145, 250.150, 268.095, 268.0978, 26 8.490, 268.910,
269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680,
281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086,
286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830,
293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870,
293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110,
332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593,
338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205,
353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240,
360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138,
366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300,
379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626,
387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750,
388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120,
391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317,
392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975,
394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143,
396.159, 396.3 295, 396.405, 396.525, 396.535, 396.9685,
398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153,
414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350,
425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205,
432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430,
432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360,
– 18 –
- 83rd Session (2025)
439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116,
439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170,
441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735,
442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245,
449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164,
453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056,
459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407,
463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063,
481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363,
483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833,
484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285,
571.160, 584.655, 587.87 7, 598.0964, 598.098, 598A.110,
598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710,
604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315,
616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137,
624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230,
628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671,
630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327,
630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415,
632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716,
633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169,
634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085,
637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183,
639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220,
640B.405, 640B. 730, 640C.580, 640C.600, 640C.620, 640C.745,
640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090,
641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170,
641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320,
642.524, 643.189, 644A.870, 645.1 80, 645.625, 645A.050,
645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130,
645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947,
648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900,
654.110, 656.105, 657A.510, 661.115, 665.130, 665. 133, 669.275,
669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480,
675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710,
678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190,
679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410,
681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306,
687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480,
688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536,
692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550,
696C.120, 7 03.196, 704B.325, 706.1725, 706A.230, 710.159,
711.600, and section 25 of this act, sections 35, 38 and 41 of
– 19 –
- 83rd Session (2025)
chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391,
Statutes of Nevada 2013 and unless otherwise declared by law to be
confidential, all public books and public records of a governmental
entity must be open at all times during office hours to inspection by
any person, and may be fully copied or an abstract or memorandum
may be prepared from those public books and public records. Any
such copies, abstracts or memoranda may be used to supply the
general public with copies, abstracts or memoranda of the records or
may be used in any other way to the advantage of the governmental
entity or of the general public. This section does not super sede or in
any manner affect the federal laws governing copyrights or enlarge,
diminish or affect in any other manner the rights of a person in any
written book or record which is copyrighted pursuant to federal law.
2. A governmental entity may not reje ct a book or record
which is copyrighted solely because it is copyrighted.
3. A governmental entity that has legal custody or control of a
public book or record shall not deny a request made pursuant to
subsection 1 to inspect or copy or receive a copy of a public book or
record on the basis that the requested public book or record contains
information that is confidential if the governmental entity can
redact, delete, conceal or separate, including, without limitation,
electronically, the confidential in formation from the information
included in the public book or record that is not otherwise
confidential.
4. If requested, a governmental entity shall provide a copy of a
public record in an electronic format by means of an electronic
medium. Nothing in t his subsection requires a governmental entity
to provide a copy of a public record in an electronic format or by
means of an electronic medium if:
(a) The public record:
(1) Was not created or prepared in an electronic format; and
(2) Is not available in an electronic format; or
(b) Providing the public record in an electronic format or by
means of an electronic medium would:
(1) Give access to proprietary software; or
(2) Require the production of information that is confidential
and that cannot be redacted, deleted, concealed or separated from
information that is not otherwise confidential.
5. An officer, employee or agent of a governmental entity who
has legal custody or control of a public record:
(a) Shall not refuse to provide a copy of that public record in the
medium that is requested because the officer, employee or agent has
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- 83rd Session (2025)
already prepared or would prefer to provide the copy in a different
medium.
(b) Except as otherwise provided in NRS 239.030, shall, upon
request, prepare the copy of the public record and shall not require
the person who has requested the copy to prepare the copy himself
or herself.
Sec. 36. NRS 283.440 is hereby amended to read as follows:
283.440 1. Any person who is now holding or who shall
hereafter hold any office in this State and who refuses or neglects to
perform any official act in the manner and form prescribed by law,
or who is guilty of any malpractice or malfeasance in office, may be
removed therefrom as hereinafter pr escribed in this section, except
that this section does not apply to:
(a) A justice or judge of the court system;
(b) A state officer removable from office only through
impeachment pursuant to Article 7 of the Nevada Constitution; or
(c) A State Legisla tor removable from office only through
expulsion by the State Legislator’s own House pursuant to Section 6
of Article 4 of the Nevada Constitution.
2. Whenever a complaint in writing, duly verified by the oath
of any complainant, is presented to the dist rict court alleging that
any officer within the jurisdiction of the court:
(a) Has been guilty of charging and collecting any illegal fees
for services rendered or to be rendered in the officer’s office;
(b) Has refused or neglected to perform the offici al duties
pertaining to the officer’s office as prescribed by law; or
(c) Has been guilty of any malpractice or malfeasance in office,
the court shall cite the party charged to appear before it on a
certain day, not more than 10 days or less than 5 days from the day
when the complaint was presented. On that day, or some subsequent
day not more than 20 days from that on which the complain t was
presented, the court, in a summary manner, shall proceed to hear the
complaint and evidence offered by the party complained of. If, on
the hearing, it appears that the charge or charges of the complaint
are sustained, the court shall enter a decree t hat the party
complained of shall be deprived of the party’s office.
3. The clerk of the court in which the proceedings are had,
shall, within 3 days thereafter, transmit to the Governor or the board
of county commissioners of the proper county, as the case may be, a
copy of any decree or judgment declaring any officer deprived of
any office under this section. The Governor or the board of county
commissioners, as the case may be, shall appoint some person to fill
the office until a successor shall be ele cted or appointed and
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- 83rd Session (2025)
qualified. The person so appointed shall give such bond as security
as is prescribed by law and pertaining to the office.
4. If the judgment of the district court is against the officer
complained of and an appeal is taken from the judgment so
rendered, the officer so appealing shall not hold the office during the
pendency of the appeal, but the office shall be filled as in case of a
vacancy.
5. As used in this section, “malfeasance in office” includes,
without limitation:
(a) Engaging in an unlawful employment practice of
discrimination pursuant to Title VII of the Civil Rights Act of 1964,
42 U.S.C. §§ 2000e et seq., or NRS 613.330 that is severe or
pervasive such that removal from office is an appropriate remedy.
(b) Willfully failing to comply with any other sanction imposed
upon a local elected officer pursuant to [NRS 233.175.] section 23
of this act.
Sec. 37. NRS 353.347 is hereby amended to read as follows:
353.347 1. [If] In relation to the Nevada Equal Rights
Commission, if the [Director of the Department of Employment,
Training and Rehabilitation ] Attorney General determines that
current claims exceed the amount of money available because
revenue from billed services has not been colle cted or because of a
delay in the receipt of money from federal grants, he or she may
request from the Director of the Office of Finance a temporary
advance from the State General Fund for the payment of authorized
expenses.
2. The Director of the Office of Finance shall notify the State
Controller and the Fiscal Analysis Division of the Legislative
Counsel Bureau of his or her approval of a request made pursuant to
subsection 1. The State Controller shall draw his or her warrant
upon receipt of the appro val by the Director of the Office of
Finance.
3. An advance from the State General Fund:
(a) May be approved by the Director of the Office of Finance for
the budget account of the Nevada Equal Rights Commission of the
[Department of Employment, Training and Rehabilitation. ] Office
of the Attorney General.
(b) Is limited to 25 percent of the revenue expected to be
received by the Nevada Equal Rights Commission in the current
fiscal year from any source other than legislative appropriation.
4. Any mone y which is temporarily advanced from the State
General Fund to an account pursuant to subsection 3 must be repaid
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- 83rd Session (2025)
by August 31 following the end of the immediately preceding fiscal
year.
Sec. 38. NRS 613.412 is hereby amended to read as follows:
613.412 If a person files a complaint pursuant to paragraph (b)
of subsection 1 of [NRS 233.160 ] section 18 of this act which
alleges an unlawful discriminatory practice in employment, the
Nevada Equal Rights Commission shall issue, upon request from the
person, a right -to-sue notice if at least 180 days have passed after
the complaint was filed pursuant to [NRS 233.160.] section 18 of
this act. The right-to-sue notice must indicate that the person may,
not later than 90 days after the date of receipt of the right -to-sue
notice, bring a civil action in district court against the person named
in the complaint.
Sec. 39. Section 18 of this act is hereby amended to read as
follows:
Sec. 18. 1. A complaint which alleges unlawful
discriminatory practices in:
(a) Housing must be filed with the Commission not later
than 1 year after the date of the occurrence of the alleged
practice or the date on which the practice terminated.
(b) Employment or public accommodations must be filed
with the Commission not later than 300 days after the date of
the occurrence of the alleged practice.
A complaint is timely if it is filed with an appropriate
federal agency within that period. A complainant shall not file
a complaint with the Commission if any other state or federal
administrative body or officer which has comparable
jurisdiction to adjudicate complaints of discriminatory
practices has made a decision upon a complaint based upon
the same facts and legal theory.
2. The complainant shall specify in the complaint the
alleged unlawful practice . [and sign it ] The complaint must
be in writing and signed under oath [.] by the complainant.
3. If the complaint alleges an unlawful discriminatory
practice in housing, the Commission shall serve upon the
complainant:
(a) Notice that the complaint was filed with the
Commission;
(b) A copy of the procedures of the Commission;
(c) The information set forth in subsection 9 of section
22 of this act; and
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- 83rd Session (2025)
(d) Information relating to the state and federal
administrative bodies and courts with which the
complainant may file the complaint.
4. The Commission shall send to the party against whom
an unlawful discriminatory practice is alleged:
(a) A copy of the complaint;
(b) An explanation of the rights which are available to
that party; and
(c) A copy of the procedures of the Commission.
If the complaint alleges an unlawful discriminatory
practice in housing, the Commission shall comply with the
requirements of this subsection within 10 days after the
Commission receives the complaint.
[4.] 5. A person against whom an unlawful
discriminatory practice in housing is alleged may file
with the Commission an answer to the complaint filed
against the person not later than 10 days after the person
receives the information described in subsection 4.
6. The Commission shall notify each party to the
complaint of the limitation on the period of time during which
a person may apply to the district court for reli ef pursuant to
NRS 613.430.
[5.] 7. If a person files a complaint pursuant to
paragraph (b) of subsection 1 which alleges an unlawful
discriminatory practice in employment, the Commission
shall, as soon as practicable after receiving the complaint,
notify in writing the person who filed the complaint that the
person may request that the Commission issue a right -to-sue
notice pursuant to NRS 613.412.
[6.] 8. For the purposes of paragraph (b) of subsection
1, an unlawful discriminatory practice in em ployment which
relates to compensation occurs on:
(a) Except as otherwise provided in paragraph (b), the
date prescribed by 42 U.S.C. § 2000e -5(e)(3)(A), as that
section existed on January 1, 2019.
(b) If 42 U.S.C. § 2000e -5(e)(3)(A) is amended and the
Commission determines by regulation that the section, as
amended, provides greater protection for employees than that
section as it existed on January 1, 2019, the date prescribed
by 42 U.S.C. § 2000e-5(e)(3)(A), as amended.
Sec. 40. Section 22 of this act is hereby amended as follows:
Sec. 22. 1. When a complaint is filed whose
allegations if true would support a finding of unlawful
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- 83rd Session (2025)
practice, the Commission shall determine whether to hold an
informal meeting to attempt a settlement of the dispute in
accordance with the regulations adopted pursuant to section
17 of this act. If the Commission determines to hold an
informal meeting, the Administrator may, to prepare for the
meeting, request from each party any information which is
reasonably relevant to the complaint. [No] Except as
otherwise provided in subsection 3, no further action may be
taken if the parties agree to a settlement.
2. If an agreement is not reached at the informal meeting
held pursuant to subsection 1, the Administrator shall
determine whether to conduct an investigation into the
alleged unlawful practice in accordance with the regulations
adopted pursuant to section 17 of this act. After the
investigation, if the Administrator determines that an
unlawful practice has occurred, the Administrator shall
attempt to mediate between or reconcile the parties. The party
against whom a complaint was filed may agree to cease the
unlawful practice. [If] Except as otherwise provided in
subsection 3, if an agreement is reached, no further action
may be taken by the complainant or by the Commission.
3. If an agreement is reached by the parties in a case
involving a discriminatory practice in housing, the
agreement must be approved by the Commission. The
agreement must be made public unless the parties otherwise
agree and the Commission determi nes that disclosure is not
necessary to further the purposes of chapter 118 of NRS.
4. If the attempts at mediation or conciliation conducted
pursuant to subsection 2 fail [,] in a case involving an
unlawful practice in employment or public
accommodations, the Commission may hold a public hearing
on the matter. After the hearing, if the Commission
determines that an unlawful practice has occurred, the
Commission may:
(a) Serve a copy of the findings of fact of the Commission
within 10 calendar days upon any person found to have
engaged in the unlawful practice; and
(b) Order the person to:
(1) Cease and desist from the unlawful practice. The
order must include, without limitation, the corrective action
the person must take.
(2) In cases involving an unlawful employment
practice, restore all benefits and rights to which the aggrieved
– 25 –
- 83rd Session (2025)
person is entitled, including, without limitation, rehiring, back
pay for a period described in subsection [4,] 5, annual leave
time, sick leave time or pay, other fringe benefits and
seniority, with interest thereon from the date of the decision
of the Commission at a rate equal to the prime rate at the
largest bank in Nevada, as ascertained by the Commissioner
of Financial Institutions, on January 1 or July 1, as the cas e
may be, immediately preceding the date of the decision, plus
2 percent. The rate of interest must be adjusted accordingly
on each January 1 and July 1 thereafter until the judgment is
satisfied.
(3) In cases involving an unlawful employment
practice relating to discrimination on the basis of sex, pay an
amount determined to be appropriate by the Commission for
lost wages that would have been earned in the absence of
discrimination or other economic da mages resulting from the
discrimination, including, without limitation, lost payment for
overtime, shift differential, cost of living adjustments, merit
increases or promotions, or other fringe benefits.
(4) In cases involving an unlawful employment
practice committed by an employer with 50 or more
employees that the Commission determines was willful, pay a
civil penalty of:
(I) For the first unlawful employment practice that
the person has engaged in during the immediately preceding 5
years which the Commission determines was willful, not
more than $5,000.
(II) For the second unlawful employment practice
that the person has engaged in during the immediately
preceding 5 years which the Commission determines was
willful, not more than $10,000.
(III) For the third and any subsequent unlawful
employment practice that the person has engaged in during
the immediately preceding 5 years which the Commission
determines was willful, not more than $15,000.
[4.] 5. For the purposes of subparagraph (2) o f
paragraph (b) of subsection [3,] 4, the period for back pay
must not exceed a period beginning 2 years before the date on
which the complaint was filed and ending on the date the
Commission issues an order pursuant to paragraph (b) of
subsection [3.] 4.
[5.] 6. Before imposing a civil penalty pursuant to
subparagraph (4) of paragraph (b) of subsection [3,] 4, the
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Commission must allow the person found to have willfully
engaged in an unlawful employment practice 30 days to take
corrective action from th e date of service of the order made
pursuant to paragraph (a) of subsection [3.] 4. If the person
takes such corrective action, the Commission shall not
impose the civil penalty.
[6.] 7. If the attempts at mediation or conciliation fail
in a case involving an unlawful housing practice:
(a) The complainant or the person against whom the
complaint was filed may elect to have the claims included in
the complaint decided in a court of competent jurisdiction.
If the court determines that the person against wh om the
complaint was filed has committed an unlawful housing
practice, the court may:
(1) Award to the complainant actual damages and,
within the limitations prescribed by federal law, punitive
damages;
(2) Award to the prevailing party costs and
reasonable attorney’s fees; and
(3) Order such other relief as the court deems
appropriate, including, without limitation:
(I) Ordering a permanent or temporary
injunction;
(II) Issuing a temporary restraining order; or
(III) Enjoining the defendant from continuing the
unlawful practice or taking other affirmative action.
(b) If an election is not made pursuant to paragraph (a),
the Commission shall hold a public hearing on the matter.
After the hearing, if the Commission determines that an
unlawful practice has occurred, the Commission may:
(1) Serve a copy of the findings of fact within 10 days
upon any person found to have engaged in the unlawful
practice;
(2) Order the person to cease and desist from the
unlawful practice;
(3) Award to the complainant actual damages; and
(4) Impose a civil penalty of not more than $25,000
upon the person who committed the unlawful
discriminatory practice.
8. The order of the Commission is a final decision in a
contested case for the purpose of judic ial review. If the
person fails to comply with the order, the Commission shall
apply to the district court for an order compelling compliance,
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but failure or delay on the part of the Commission does not
prejudice the right of an aggrieved party to judicial review.
The court shall issue the order unless it finds that the findings
or order of the Commission are not supported by substantial
evidence or are otherwise arbitrary or capricious. If the court
upholds the order of the Commission and finds that the
person has violated the order by failing to cease and desist
from the unlawful practice or to make the payment ordered,
the court shall award the aggrieved party actual damages for
any economic loss and no more.
[7.] 9. After the Commission has held a publ ic hearing
and rendered a decision, the complainant is barred from
proceeding on the same facts and legal theory before any
other administrative body or officer.
[8.] 10. For the purposes of this section, an unlawful
employment practice shall be deemed to be willful if a person
engages in the practice with knowledge that it is unlawful or
with reckless indifference to whether it is lawful or unlawful.
Sec. 41. 1. As soon as practicable after July 1, 2025, the
Attorney General shall appoint to the Nevada Equal Rights
Commission the members required by section 8 of this act to be
appointed to the Commission.
2. The persons who are members of the Nevada Equal Ri ghts
Commission created by NRS 233.030, as that section existed on
June 30, 2025, continue to serve as members until the Attorney
General appoints members to the Commission pursuant to section 8
of this act.
Sec. 42. 1. As soon as practicable after July 1, 2025, the
Attorney General shall appoint to the Nevada Equal Rights
Commission the Administrator of the Commission required by
section 10 of this act to be appointed.
2. Any person who, on July 1, 2025, is serving as the
Administrator of the Nevada Equal Rights Commission and who is
otherwise qualified to serve as the Administrator on that date may
continue to serve in that capacity until his or her successor is
appointed by the Attorney General pursuant to section 10 of this act.
Sec. 43. 1. Any administrative regulations adopted by an
officer or an agency whose name has been changed or whose
responsibilities have been transferred pursuant to the provisions of
this act to another offi cer or agency remain in force until amended
by the officer or agency to which the responsibility for the adoption
of the regulations has been transferred.
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2. Any contracts or other agreements entered into by an officer
or agency whose name has been changed or whose responsibilities
have been transferred pursuant to the provisions of this act to
another officer or agency are binding upon the officer or agency to
which the responsibility for the administration of the provisions of
the contract or other agreement has been transferred. Such contracts
and other agreements may be enforced by the officer or agency to
which the responsibility for the enforcement of the provisions of the
contract or other agreement has been transferred.
3. Any action taken b y an officer or agency whose name has
been changed or whose responsibilities have been transferred
pursuant to the provisions of this act to another officer or agency
remains in effect as if taken by the officer or agency to which the
responsibility for th e enforcement of such actions has been
transferred.
Sec. 44. The provisions of subsection 1 of NRS 218D.380 do
not apply to any provision of this act which adds or revises a
requirement to submit a report to the Legislature.
Sec. 45. The Legislative Counsel shall, in preparing
supplements to the Nevada Administrative Code, appropriately
change any references to an officer, agency or other entity whose
name is changed or whose responsibilitie s are transferred pursuant
to the provisions of this act to refer to the appropriate officer,
agency or other entity.
Sec. 46. NRS 233.010, 233.020, 233.030, 233.040, 233.050,
233.080, 233.085, 233.090, 233.100, 233.110, 23 3.140, 233.150,
233.153, 233.157, 233.160, 233.165, 233.170, 233.175 233.180,
233.190, 233.200, 233.205, 233.207, 233.210 and 233.220 are
hereby repealed.
Sec. 47. 1. This section becomes effective upon passage and
approval.
2. Sections 1 to 14, inclusive, 16, 17, 18, 22 to 38, inclusive,
and 41 to 46, inclusive, of this act become effective on July 1, 2025.
3. Sections 15, 20 and 21 of this act become effective:
(a) Upon passage and approval for the purpose of adopting any
regulations and performing any other preparatory administrative
tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2026, for all other purposes.
4. Sections 19, 39 and 40 of this act become effective o n the
date the Governor declares that the Federal Government has
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determined that certain provisions of NRS provide rights and
remedies for alleged discriminatory housing practices substantially
equivalent to federal law.
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