Nevada’s Equal Rights Commission: How It Protects Workers

Workplace fairness and equality are fundamental rights for every employee. In Nevada, the Nevada Equal Rights Commission (NERC) plays a vital role in protecting workers from employment discrimination. Whether you’re a current employee, former worker, or job applicant, understanding how the NERC works to uphold your rights can be crucial if you face unfair treatment in the workplace.

The NERC ensures that Nevada employers adhere to state law and federal law, which prohibit discrimination in the hiring process, promotions, pay, and workplace treatment. This article will explain the role of the NERC, how it differs from the Equal Employment Opportunity Commission (EEOC), and the protections it provides for Nevada workers.

What Is the Nevada Equal Rights Commission (NERC)?

The Nevada Equal Rights Commission (NERC) is a state-level administrative agency that enforces anti-discrimination laws in the workplace. Its primary mission is to protect employees and job applicants from discrimination based on race, religion, age, national origin, disability, gender identity or expression, and sexual orientation, among other protected categories.

Unlike the Equal Employment Opportunity Commission (EEOC), which is a federal agency, the NERC enforces Nevada law to provide workers with additional protections beyond federal statutes. It ensures that private employers, employment agencies, and labor organizations follow the law.

What Protections Does the Nevada Equal Rights Commission Provide?

The NERC enforces a wide range of state law and federal and state laws that prohibit workplace discrimination. Here are some of the key protections the NERC provides:

1. Protection Against Employment Discrimination
   The NERC prohibits discrimination in hiring, promotions, pay, and job assignments. Nevada workers are protected from discrimination based on:
   • Race
   • Religion, Sex, Sexual Orientation, and Gender Identity
   • National Origin
   • Age (40 and older)
   • Disability
2. These protections ensure that employees and job applicants have equal access to employment opportunities. Employers cannot deny employment to someone based on their membership in a protected class.
3. Protection for Equal Pay
   The Equal Pay Act and Nevada law require that men and women receive equal pay for equal work. Women performing the same work as their male counterparts in the same establishment must be paid equally. Employers cannot base pay differences on an employee’s salary history.
4. Reasonable Accommodations for Disabilities
   Under the Disabilities Act, employees with a physical or mental impairment that substantially limits one or more major life activities are entitled to reasonable accommodations. This can include modified work schedules, adjustments to job duties, or changes in the work environment.
5. Protection Against Harassment and Retaliation
   The NERC protects workers from harassment, including sexual harassment, based on protected characteristics. Additionally, employees who file a discrimination charge or participate in an investigation are protected from employer retaliation or adverse action.
6. Protections for the Hiring Process
   Employers must follow fair practices during the hiring process. This includes not using a criminal history or salary history as a basis for discrimination. Employers also cannot refuse to hire someone due to their membership in a protected class.

How Does the Nevada Equal Rights Commission Handle Discrimination Claims?

If you believe you’ve been the victim of employment discrimination, you can file a complaint with the NERC. The process for filing a complaint typically involves the following steps:

1. File an Online Complaint Form
   Employees can file a complaint through the NERC’s online complaint form. This form requires information about the incident, your employer, and any supporting relevant documents.
2. Investigation
   Once the NERC receives the complaint, it will conduct an investigation. This may involve gathering statements from the employee, employer, and witnesses. The NERC will also request relevant documents and other evidence to determine if an unlawful employment practice occurred.
3. Mediation
   Before moving forward with formal charges, the NERC may attempt to resolve the issue through mediation. This is a chance for both parties to reach a settlement.
4. Formal Investigation and Determination
   If mediation fails, the NERC will make a formal determination. If the commission finds that discrimination laws were violated, it can order the employer to provide remedies, such as back pay, job reinstatement, or attorney’s fees.

If a case is unresolved at the state level, it may be escalated to the federal court, where federal and state agencies like the NERC and the EEOC may collaborate.

How the NERC Differs from the Equal Employment Opportunity Commission (EEOC)

The Equal Employment Opportunity Commission (EEOC) and the NERC both protect workers from discrimination, but there are key differences:

For many workers in Las Vegas, filing a claim with the NERC may be more convenient. However, in cases involving federal agencies or larger employers, the EEOC office may also become involved.

What Remedies Are Available for Nevada Workers?

If your discrimination claim is successful, you may be entitled to a range of remedies, including:

• Back Pay: Payment for lost wages due to the discriminatory act.
• Reinstatement: If you were fired due to discrimination, you may be reinstated to your job.
• Attorney’s Fees: Your employer may be required to pay your legal fees.
• Compensation for Emotional Distress: Discrimination can cause lasting emotional harm.
• Other Job-Related Benefits: Lost benefits, like health insurance, can also be restored.

If the employer’s actions were especially severe, they may face civil penalties or additional fines.

How to File an Employment Discrimination Claim in Nevada

If you believe your rights have been violated, take the following steps to protect yourself:

1. Document Everything: Write down what happened, when it occurred, and who was involved. Keep copies of relevant documents like performance reviews or emails.
2. File a Complaint with the NERC: Use the NERC’s online complaint form to file your claim. You must file within 180 days of the discriminatory act.
3. Work with an Attorney: Consult with an attorney who specializes in employment discrimination cases. A lawyer can help you through the legal process and ensure you follow the correct procedures.
4. Prepare for Mediation or Litigation: If your case proceeds, you may be asked to mediate or provide evidence for the NERC’s investigation.

Frequently Asked Questions (FAQ)

1. What is a “protected class”?
A protected class refers to a group of people legally protected from discrimination under state law or federal law. This includes groups defined by race, gender identity, national origin, age, sexual orientation, and disability.

2. How do I file a discrimination claim with the NERC?
You can file a claim through the NERC’s online complaint form. Be prepared to provide details about the incident and submit supporting documents.

3. What laws protect workers from discrimination in Nevada?
Nevada workers are protected by Title VII of the Civil Rights Act, the Equal Pay Act, and Nevada’s own employment discrimination laws.

4. What’s the difference between the NERC and EEOC?
The NERC enforces Nevada law, while the EEOC enforces federal law. They often work together on claims involving federal and state laws.

5. What compensation can I receive if I win a discrimination claim?
You may receive back pay, job-related benefits, attorney’s fees, and compensation for emotional distress.

If you believe you’ve been subjected to workplace discrimination, you have rights. The Nevada Equal Rights Commission is here to protect you from unlawful treatment. You can file a claim with the NERC or consult with an attorney to ensure your rights are upheld.

Don’t wait—protect your right to fair pay, equal treatment, and a workplace free from discrimination. Contact the NERC or an experienced attorney today.