SB 177 — Revises provisions relating to employment practices. (BDR 53-723)

(ReprintedSenate withBill amendmentsNo. adopted on April 19, 2019) FIRST REPRINT S.B.

177177–Senators SCancela, ENATESpearman, BILLParks; N O.

177–SENATORSBrooks, CCannizzaro, ANCELADenis, ,Dondero SPEARMANLoop, ,D. PARKS ;

ATKINSONHarris, ,Ohrenschall, BRatti, ROOKSScheible ,and CWoodhouse ANNIZZAROCHAPTER.......... , D ENIS, D ONDERO LOOP , D.

HARRIS , OHRENSCHALL , RATTI , SCHEIBLE AND W OODHOUSE FEBRUARY 18, 2019 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions relating to employment practices.

(BDR 53-723) 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.

LegislativeLegiExisting Counsel’slaw Digest:provides that a person may file a complaint which alleges unlawful discriminatory practices in employment with the Nevada Equal Rights Commission not later than 300 days after the date of the occurrence of the alleged unlawful discriminatory practice in employment.

Existing(NRS law233.160) providesSection that9 a person may file a complaint which alleges unlawful discriminatory practices in employment with the Nevada Equal Rights Commission not later than 300 days after the date of thethis occurrence of the alleged bill requires the Commission to notify in writing the person who filed the complaint that the person may request the Commission to issue a right-to-sue notice.

Section 2 of this bill requires the Commission to issue, upon request, a right-to-sue notice if at least 180 days have passed after the complaint was filed.

In addition, section 7 of this bill requires the Commission to issue a right-to-sue notice if, after a complaint is filed with the Commission, the Commission does not conclude that an unfairunfaircomplaint thatemployment thepractice personhas mayoccurred. bring a civil action in district court not later than 90 days after - *SB177_R1* – 2 – the date of receipt of the right-to-sue notice against the person named in the complaint.

UnderThe existingright-to-sue law,notice if,must afterinform athe complaintperson allegingthat an unfair employment practice employment practice has occurred, the person allegingmay such a practice has occurred is authorized to bring a civil action in the district court fornot anlater orderthan granting90 ordays restoringafter tothe thatdate personof receipt of the rightsright-to-sue tonotice whichagainst the person isnamed entitled.in the complaint.

(NRSUnder 613.420)existing Existinglaw, lawif, prohibitsafter a personcomplaint fromalleging bringingan suchunfair aemployment civilpractice action unless it is broughtfiled notwith morethe thanCommission, 180the daysCommission afterdoes thenot actconclude constitutingthat thean unfair employment practice occurredhas andoccurred, providesthe thatperson thealleging 180-daysuch perioda ispractice tolledhas duringoccurred therestoring pendencyto ofthat person the complaintrights beforeto which the Commission.person is entitled.

(NRS 613.430)613.420)or SectionsExisting 7law andprohibits 8a ofperson thisfrom billbringing such a civil action unless it is brought not latermore than 180 days after the act constituting the unfair employmentctionemployment practice occurred,occurred including,and theprovides periodthat forthe which this 180-day period is tolled during the pendency of the complaint before the Commission,Commission. or not later than 90 days after a right-to-sue notice is received, whichever is later.

(NRS 613.430) Sections 7 and 8 of this bill prohibit a person from bringing a civil action in district court unless the civil action is brought not later than 180 days after the act constituting the unfair employment practice occurred, including the period for which this 180-day period is tolled days after a right-to-sue notice is received, whichever is later.t later than 90 Title VII of the Civil Rights Act of 1964 sets forth various employment practices that are unlawful if such practices are based on an individual’s:

§§ 2000e-2, 2000e- 3) Title VII of the Civil Rights Act of 1964 provides various forms of legal and equitable relief to individuals against whom such unlawful employment practicesdpractices were committed.

§ 2000e-5) Existing Nevada law provides that a person - 80th Session (2019) – 2 – who has suffered an injury as a result of certain unlawful employment practices may file a complaint with the Nevada Equal Rights Commission if the complaint is based on discrimination because of:

(NRS 613.405) Existing Nevada law also provides that if the any person alleging such a practice may bring an action in district court.ed, (NRS 613.420) Section 3 of this bill provides that if a court finds that an employee has been injured as the result of certain unlawful employment practices, the court may award to the employee the same legal or equitable relief that may be awarded to a person pursuant to Title VII of the Civil Rights Act of 1964 ifor thecertain employeeprovisions isof protectedexisting law.ed by TitleSections VII4-6 of thethis Civilbill Rightsmake Actconforming ofchanges. 1964 or certain provisions of existing law.

SectionsEXPLANATION 4-6– ofMatter thisin billbolded makeitalics conformingis changes.new;

THEmatter SENATEbetween ANDbrackets ASSEMBLY,[omitted DOmaterial] ENACTis ASmaterial FOLLOWS:Dto INbe Sectionomitted. 1.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.

- *SB177_R1* – 3 – Sec.

§§ 2000e et seq., if the employee is protected by Title VII of the Civil Rights Act of 1964, 42 U.S.C.

- 80th Session (2019) – 3 – (b) A record of such an impairment;

(c)(b) Any privateIndian membershiptribe. club exempt from taxation pursuant to 26 U.S.C.

§to 501(c).26 U.S.C.

undertaking§ with501(c).bership orclub withoutexempt compensationfrom totaxation procurepursuant employees3. for an employer or to procure for employees opportunities to work for an employer, but does not include any agency of the United States.

“Employment agency” means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer, but does not include any agency of the United States.

- *SB177_R1* – 4 – Sec.

5.

NRS 613.320 is hereby amended to read as follows:

The provisions of NRS 613.310 to 613.4383,613.4383,llows: inclusive, and sections 2 and 3 of this act do not apply to:

inclusive, and sections 2 and 3 of this act do not apply to:

- 80th Session (2019) – 4 – Sec.