Nevada 2019 Regular Session Status: Enacted 3 D cosponsors

SB 166 — Revises provisions relating to employment. (BDR 18-5)

Last action — Chapter 593.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 18, 2019. Enacted.

Prognosis

Likely to advance 62% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 10 sponsors

    10 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 D).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

AN ACT relating to employment; requiring certain penalties and fines imposed by the Nevada Equal Rights Commission for certain unlawful discriminatory practices to be deposited in the State General Fund; revising provisions governing the filing of complaints of employment discrimination with the Nevada Equal Rights Commission; revising provisions relating to unlawful employment practices; revising the relief that the Commission may order if it determines that an unlawful employment practice has occurred; revising provisions relating to the time in which a person may seek relief in district court for a claim of unlawful employment practices; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

256 added · 270 removed

256 line(s) added, 270 removed.

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(Reprinted with amendments adopted on May 22, 2019) SECOND REPRINT S.B.
Senate Bill No.
166 S ENATE BILL N O.
166–Senators Spearman, Cannizzaro, Ohrenschall, Parks;
166–S ENATORS SPEARMAN , C ANNIZZARO , O HRENSCHALL , PARKS ;
Cancela, Denis, Dondero Loop, D.
ANCELA , DENIS, DONDERO L OOP , D.
Harris, Scheible and Woodhouse CHAPTER..........
HARRIS , CHEIBLE AND W OODHOUSE FEBRUARY 18, 2019 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to employment.
(BDR 18-5) 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.
LegExisting law prohibits an employer, employment agency, labor organization or joint labor-management committee from discriminating against any person with respect to employment or membership, as applicable, on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origination.
Legislative Counsel’s Digest:
Existing law prohibits an employer, employment agency, labor organization or joint labor-management committee from discriminating against any person with respect to employment or membership, as applicable, on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origination.
(NRS 233.157, 233.160, 233.170) - *SB166_R2* – 2 – Existing federal law provides that an unlawful employment practice with respect to discrimination in compensation occurs when:
(NRS 233.157, 233.160, 233.170) Existing federal law provides that an unlawful employment practice with respect to discrimination in compensation occurs when:
(2) an individual becomes subject to a discriminatory compensation decision or other practice, or (3) an individual is affected by application of a discriminatory compensation decision or other practice.
(2) an individual becomes individual is affected by application of a discriminatory compensation decision or other practice.
§ 2000e-5(e)(3)(A)) Section 2 of this bill generally revises provisions governing the filing of complaints alleging a practice of unlawful days after the date on which the unlawful discrimination occurs pursuant to federal law, as it currently exists.
§ 2000e-5(e)(3)(A)) Section 2 of this bill generally revises provisions governing the filing of complaints alleging a practice of unlawful discrimination in compensation to require that the complaint be filed within 300 days after the date on which the unlawful discrimination occurs pursuant to federal law, as it currently exists.
If federal law is amended to provide greater protections for employees, section 2 requires such a complaint to be filed within 300 days after the date on which the unlawful discrimination occurs pursuant to federal law, as amended.
If federal law is amended to provide greater protections for employees, section 2 requires such a complaint to be filed within 300 days after amended.
Section 2 also requires the Commission to notify each party to a complaint of the period of time that a person may apply to a district court for relief.
Section 2 also requires the Commission to notify each party to alaw, as complaint of the period of time that a person may apply to a district court for relief.
(1) award back pay for a period beginning 2 years before the date of the filing of a complaint regarding an unlawful employment practice and ending on the date the Commission economic damages in cases involving an unlawful employment practice relating toer discrimination on the basis of sex;
(1) award back pay for a period beginning 2 years before the date of the filing of a complaint regarding an unlawful employment practice and ending on the date the Commission issues an order regarding the complaint;
and (3) under certain circumstances, order a civil penalty, in increasing amounts, for an unlawful employment practice that it determines is willful based on the number of such practices the person has committed in the previous 5 years.
(2) order payment of lost wages or other economic damages in cases involving an unlawful employment practice relating to - 80th Session (2019) – 2 – discrimination on the basis of sex;
Section 1 of this bill requires that any penalty or fine imposed by the Commission for certain unlawful discriminatory practices and for willful interference with the performance of duties by the Commission be deposited in the State General Fund and authorizes the Commission to present a claim for certain costs.
and (3) under certain circumstances, order a civil penalty, in increasing amounts, for an unlawful employment practice that it committed in the previous 5 years.
to the Interim Finance Committee if money is required to pay Section 8 of this bill requires the Commission, if it does not conclude that an unfair employment practice has occurred, to issue a letter to the person who filed the complaint concerning an unfair employment practice.
number of such practices the person has Section 1 of this bill requires that any penalty or fine imposed by the Commission for certain unlawful discriminatory practices and for willful interference with the performance of duties by the Commission be deposited in the State General Fund and authorizes the Commission to present a claim for recommendation to the Interim Finance Committee if money is required to pay certSection 8 of this bill requires the Commission, if it does not conclude that an unfair employment practice has occurred, to issue a letter to the person who filed the complaint concerning an unfair employment practice.
Section 9 of this bill provides that a person may apply to a district court for relief pursuant to section 8 up to 90 days after the date of issuance of the letter described in section 8.
Section 9 of this bill provides that a person may apply to a district court described in section 8.section 8 up to 90 days after the date of issuance of the letter Existing law prohibits an employer, employment organization or labor organization from discriminating against certain persons because the persons have inquired about, discussed or voluntarily disclosed his or her wages or the wages of another such person.
organization from discriminating against certain persons because the persons have inquired about, discussed or voluntarily disclosed his or her wages or the wages of another such person.
- *SB166_R2* – 3 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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:
(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.
- 80th Session (2019) – 3 – (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.
2.
unlawful practice and sign it under oath.e complaint the alleged 3.
The complainant shall specify in the complaint the alleged unlawful practice and sign it under oath.
3.
- *SB166_R2* – 4 – (a) Except as otherwise provided in paragraph (b), the date prescribed by 42 U.S.C.
(a) Except as otherwise provided in paragraph (b), the date prescribed by 42 U.S.C.
§ 2000e-5(e)(3)(A) is amended and the Commissioner determines by regulation that the section, as amended, provides greater protection for employees than the section as it existed on January 1, 2019, the date prescribed by 42 U.S.C.
§ 2000e-5(e)(3)(A) is amended and the Commissioner determines by regulation that the section, as amended, provides greater protection for employees than the U.S.C.
§ 2000e-5(e)(3)(A), as amended.
§ 2000e-5(e)(3)(A), as amended.19, the date prescribed by 42 Sec.
Sec.
If an agreement is not reached at the informal meeting, the Administrator shall determine whether to conduct an investigation into the alleged unlawful practice in accordance with the regulations adopted pursuant to NRS 233.157.
If an agreement is not reached at the informal meeting, the Administrator shall determine whether to conduct an investigation - 80th Session (2019) – 4 – into the alleged unlawful practice in accordance with the regulations adopted pursuant to NRS 233.157.
After the investigation, if the Administrator determines that an unlawful practice has occurred, the the parties.
After the investigation, if the Administrator determines that an unlawful practice has occurred, the Administrator shall attempt to mediate between or reconcile the parties.
If an agreement is reached, no Commission.ion may be taken by the complainant or by the 3.
If an agreement is reached, no further action may be taken by the complainant or by the Commission.
If the attempts at mediation or conciliation fail, the Commission may hold a public hearing on the matter.
3.
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After the hearing, if the Commission determines that an unlawful practice has occurred, it may:
If the attempts at mediation or conciliation fail, the hearing, if the Commission determines that an unlawful practice has occurred, it may:
(2) In cases involving an unlawful employment practice, restore all benefits and rights to which the aggrieved person is entitled, including, but not limited to, rehiring, back pay for a period [not to exceed 2 years after the date of the most recent unlawful practice,] described in subsection 4, annual leave time, sick leave time or pay, other fringe benefits and seniority, with interest thereon - *SB166_R2* – 5 – from the date of the Commission’s decision 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 Commission’s decision, plus 2 percent.
(2) In cases involving an unlawful employment practice, restore all benefits and rights to which the aggrieved person is entitled, including, but not limited to, rehiring, back pay for a period [not to exceed 2 years after the date of the most recent unlawful practice,] 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 Commission’s decision 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 adjusted accordingly on each January 1 and July 1 thereafter untile the judgment is satisfied.
The rate of interest must be adjusted accordingly on each January 1 and July 1 thereafter until the judgment is satisfied.
(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.
- 80th Session (2019) – 5 – (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 years which the Commission determines was willful, not more5 than $10,000.
(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.
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.
(III) For the third and any subsequent unlawful immediately preceding 5 years which the Commission determines was willful, not more than $15,000.
If the person fails to comply with the Commission’s order, the Commission shall - *SB166_R2* – 6 – apply to the district court for an order compelling such compliance, but failure or delay on the part of the Commission does not prejudice the right of an aggrieved party to judicial review.
If the person fails to comply with the Commission’s order, the Commission shall apply to the district court for an order compelling such compliance, but failure or delay on the part of the Commission does not court shall issue the order unless it finds that the Commission’s findings or order are not supported by substantial evidence or are otherwise arbitrary or capricious.
The court shall issue the order unless it finds that the Commission’s findings or order are not supported by substantial evidence or are otherwise arbitrary or capricious.
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.
For the purposes of this section, an unlawful employment practice shall be deemed to be willful if a person engages in the - 80th Session (2019) – 6 – practice with knowledge that it is unlawful or with reckless indifference to whether it is lawful or unlawful.
Sec.
Secs.
4.
4-6.
5.
(Deleted by amendment.) Sec.
6.
(Deleted by amendment.) Sec.
Except as otherwise provided in subsection 2, any of NRS 613.310 to 613.4383, inclusive, may file a complaint to that effect with the Nevada Equal Rights Commission if the complaint is orientation, gender identity or expression, age, disability, religion or national origin.
Except as otherwise provided in subsection 2, any person injured by an unlawful employment practice within the scope of NRS 613.310 to 613.4383, inclusive, may file a complaint to that effect with the Nevada Equal Rights Commission if the complaint is based on discrimination because of race, color, sex, sexual national origin.der identity or expression, age, disability, religion or 2.
2.
- *SB166_R2* – 7 – Sec.
Sec.
Any person alleging such a practice may apply to the district court for an order granting or restoring to that person the rights to which the person is entitled under those sections [.] ;
Any person alleging such a practice may apply to the district which the person is entitled under those sections [.] ;
and 2.
and rights to 2.
1.c.
- 80th Session (2019) – 7 – Sec.
Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;
10.
This act becomes effective:
regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;
H - *SB166_R2*
~~~~~ 19 - 80th Session (2019)
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Amendments

2 amendments

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Action History

  1. Chapter 593.

  2. Approved by the Governor.

  3. Assembly Amendment No. 860 concurred in. To enrollment. Enrolled and delivered to Governor.

  4. From committee: Do pass, as amended. Placed on General File. Read third time. Passed, as amended. Title approved. (Yeas: 38, Nays: 3, Vacant: 1.) To Senate. In Senate.

  5. From printer. To reengrossment. Reengrossed. Second reprint. To committee.

  6. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 860.) Rereferred to Committee on Ways and Means. Exemption effective. To printer.

  7. In Assembly. Read first time. Referred to Committee on Government Affairs. To committee.

  8. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 20, Nays: 1.) To Assembly.

  9. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 444.) To printer.

  10. Notice of eligibility for exemption.

  11. From printer. To committee.

  12. Read first time. Referred to Committee on Government Affairs. To printer.

Sponsors

Sponsorship breakdown

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10 sponsors · 0 co-sponsors · 57 not signed on

Sponsors (10)

Co-sponsors (0)

None.

Not signed on (57)

57 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

civil-rights labor
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Frequently asked questions

What does SB 166 do?
AN ACT relating to employment; requiring certain penalties and fines imposed by the Nevada Equal Rights Commission for certain unlawful discriminatory practices to be deposited in the State General Fund; revising provisions governing the filing of complaints of employment discrimination with the Nevada Equal Rights Commission; revising provisions relating to unlawful employment practices; revising the relief that the Commission may order if it determines that an unlawful employment practice has occurred; revising provisions relating to the time in which a person may seek relief in district court for a claim of unlawful employment practices; and providing other matters properly relating thereto.
Who sponsors SB 166?
SB 166 is sponsored by Senator David Parks, Senator Yvanna Cancela, Senator Moises Denis, Senator Marilyn Dondero Loop, Scheible, Melanie (Democratic), Cannizzaro, Nicole J. (Democratic), Ohrenschall, James (Democratic), Joyce Woodhouse, Harris, Dallas, and Pat Spearman.
What is the current status of SB 166?
This bill has been enacted into law. Introduced February 18, 2019. Enacted.
Where can I track SB 166?
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