SB 327 — Revises provisions relating to discriminatory practices. (BDR 53-574)

6.political subdivisions.es the State of Nevada and any of its 7.

“Person” includes the State of Nevada and any of its political subdivisions.

7.

- *SB327_R1* – 5 – 9.

- 81st Session (2021) – 5 – (a) A letter to the person who filed the complaint pursuant to NRS 613.405 notifying the person of his or her rights pursuant to subsection 2 .

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.

Notwithstanding the protections in this chapter for hair texture and protective hairstyles, an employer may enforce health and safetysafSec. requirements set forth in federal or state law.

Sec.4.uirNRS 233.010 is hereby amended to read as follows:

4.

NRS 233.010 is hereby amended to read as follows:

- *SB327_R1* – 6 – 2.

- 81st Session (2021) – 6 – 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, age, national origin or ancestry.

(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.

and - *SB327_R1* – 7 – (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 traits associated with race, including, without limitation, hair texture and - 81st Session (2021) – 7 – protective hairstyles, as defined in paragraph (a) of subsection 3 of NRS 233.010.

3.production of documents or tangible evidence relevant to anyor the investigations or hearings conducted by the Commission.

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.

The third party must send an employee’s test score to the employee and the board of county commissioners, the county officer or other person acting on behalf of a county at the same time.

- *SB327_R1* – 8 – (a) The employee who appeals the testing process is entitled to see:

- 81st Session (2021) – 8 – (b) The board of county commissioners, county officer or other person acting on behalf of the county, as applicable, shall ensure that the employee was ranked properly based on the employee’s test score.

3.employee is guilty of a category E felony and shall be punished as provided in NRS 193.130.

A person who tampers with the score of a test taken by an employee is guilty of a category E felony and shall be punished as provided in NRS 193.130.

(c) The governing body or city officer, as applicable, shall not produce a list of the employees who took the test, ranked in order of their test scores, until after the third party which conducted the test has sent each employee his or her test score pursuant to paragraph (b).

- *SB327_R1* – 9 – (b) The governing body of an incorporated city or the city officer, as applicable, shall ensure that the employee was ranked properly based on the employee’s test score.

- 81st Session (2021) – 9 – 3.

The provisions of this section do not apply toto: a city department that has less than 200 employees.

(b) An incorporated city if the city has a civil serviceor commission that appoints a chief examiner and the chief examiner:

(1) Serves at the pleasure of the civil service commission;

(2) Is not answerable to any city officer or the governing body of the incorporated city other than the civil service commission;

and (3) Is not a director of human resources for the civil service commission or the city.

State, county or municipal departments, housing authorities, agencies, boards or appointing officers thereof shall not refuse to hire a person, discharge or bar any person from employment ororuse to discriminate against any person in compensation or in other terms or conditions of employment because of the person’s race, creed, color, national origin, sex, sexual orientation, gender identity or expression, age, political affiliation or disability, except when based upon a bona fide occupational qualification.

- 81st Session (2021) – 10 – (c) “Protective hairstyle” includes, without limitation, hairstyles such as natural hairstyles, afros, bantu knots, curls, braids, locks and twists.

(d) “Race” includes traits associated with race, including, withoutwit(e) limitation,“Sexual hairorientation” texturemeans andhaving protectiveor hairstyles.being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.

(e)Sec. “Sexual orientation” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.

- *SB327_R1* – 10 – Sec.

7.office, department, board, commission, bureau, agency or institution in the Executive Department of the State Government operating by authority of the Constitution or law, and supported in whole or in part by any public money, whether the money is received from the Government of the United States or any branch or agency thereof, or from private or any other sources.

“Public service” means positions providing service for any office, department, board, commission, bureau, agency or institution in the Executive Department of the State Government operating by authority of the Constitution or law, and supported in whole or in part by any public money, whether the money is received from the Government of the United States or any branch or agency thereof, or from private or any other sources.

(2)- National81st GuardSession or(2021) a– reserve11 component– of the Armed Forces of the United States and was accepted for and assigned to duty for a minimum of 6 continuous years;

- *SB327_R1* – 11 – [8.] 10.

Notwithstanding the protections in this chapter for hair texture and protective hairstyles, an employer may enforce health and safety requirements set forth in federal or state law.law.lth and Sec.

Sec.

(d) Holidays.

(k)- 81st Session (2021) – 12 – unit.) The method used to classify employees in the bargaining unit.(l) Deduction of dues for the recognized employee organization.

(l) Deduction of dues for the recognized employee organization.

- *SB327_R1* – 12 – (q) Duration of collective bargaining agreements.

(u) Except as otherwise provided in subsections [8] 9 and [10,] 11,11,(v) theProcedures policies for thereduction transferin andworkforce reassignmentconsistent with the provisions of teachers.this chapter.

(v)(w) Procedures forconsistent reductionwith inthe workforceprovisions consistentof withsubsection [5] for the provisionsreopening of thiscollective chapter.bargaining agreements for additional, further, new or supplementary negotiations during periods of fiscal emergency.

(w) Procedures consistent with the provisions of subsection [5] 6 for the reopening of collective bargaining agreements for additional, further, new or supplementary negotiations during periods of fiscal emergency.

(b) The right to reduce in force or lay off any employee because of lack of work or lack of money, subject to paragraph (v) of subsectionsub(c) 2.The right to determine:

(c) The right to determine:

4.- 81st Session (2021) – 13 – subject to negotiations with an employee organization.

TheAny provisionsare not provision of sectionsa 7,collective 8bargaining andagreement 23negotiated ofpursuant to this actchapter arewhich notdiffers subjectfrom toor negotiationsconflicts in any way with anthe employeeprovisions organization.of section 7, 8 or 23 of this act is unenforceable and void.

Any provision of a collective bargaining agreement negotiated pursuant to this chapter which differs from or conflicts in any way with the provisions of section 7, 8 or 23 of this act is unenforceable and void.

- *SB327_R1* – 13 – (a) Reopen a collective bargaining agreement for additional, further, new or supplementary negotiations relating to compensation or monetary benefits during a period of fiscal emergency.

Negotiations must begin not later than 21 days after the local government employer notifies the employee organization that a fiscal emergency exists.

or (2) If the local government employer has budgeted an unreserved ending fund balance in its general fund for the current fiscal year in an amount equal to 4 percent or less of the actual expenditures from the general fund for the last preceding fiscal year, and the local government employer has provided a written explanation of the budgeted ending fund balance to the Department of Taxation that includes the reason for the ending fund balance and the manner in which the local government employer plans to increase the ending fund balance.

- Any81st actionSession taken(2021) under– the14 provisions– of this subsection must not be construed as a failure to negotiate in good faith.faith.ction must not [6.] 7.

[6.] 7.

The board of trustees of a school district in which a school is designated as a turnaround school pursuant to NRS 388G.400 or the principal of such a school, as applicable, may take - *SB327_R1* – 14 – any action authorized pursuant to NRS 388G.400, including, withoutwit(a) limitation:Reassigning any member of the staff of such a school;

(a) Reassigning any member of the staff of such a school;

The board of trustees of a school district or the governing body of a charter school or university school for profoundly gifted pupils may use a substantiated report of the abuse or neglect of a child or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 obtained from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100 or an equivalent registryregistryct maintained by a governmental agency in another jurisdiction for the purposes authorized by NRS 388A.515, 388C.200, 391.033, 391.104 or 391.281, as applicable.

- 81st Session (2021) – 15 – [11.] 12.

The local government employer shall discuss subjectnot mattersrequired outsideto thenegotiate scopethose ofmatters.datory mandatory bargaining but it is not[12.] required13. to negotiate those matters.

[12.] 13.

- *SB327_R1* – 15 – (c) Discriminate in regard to hiring, tenure or any term or condition of employment to encourage or discourage membership in any employee organization.

(e) Refuse to bargain collectively in good faith with the exclusivecollectively representativeincludes asthe requiredentire bargaining process, includingg mediation and fact-finding, provided for in NRSthis 288.150.chapter.

Bargaining collectively includes the entire bargaining process, including mediation and fact-finding, provided for in this chapter.

Bargaining collectively includes the entire - 81st Session (2021) – 16 – bargaining process, including mediation and fact-finding, provided for in this chapter.

(c) Discriminate because of race, color, religion, sex, sexual orientation, gender identity or expression, age, physical or visual handicap,or nationalaffiliations.al origin or because of political or personal reasons or(d) affiliations.Fail to provide the information required by NRS 288.180.

(d) Fail to provide the information required by NRS 288.180.

(a) Organize, form, join and assist labor organizations, engage in collective bargaining and supplemental bargaining through - *SB327_R1* – 16 – exclusive representatives and engage in other concerted activities;

(a) The subjects of mandatory bargaining set forth in subsection 2o(b) ofThe NRSnegotiation 288.150,of exceptan paragraphagreement;of (f) of that subsection;

(b) The negotiation of an agreement;

5.- 81st Session (2021) – 17 – 288.400 to 288.630, inclusive, do not require, the ExecutiveNRS Department to negotiate subject matters set forth in subsection 3 which are outside the scope of mandatory bargaining.

This section does not preclude, but the provisions of NRS 288.400 to 288.630, inclusive, do not require, the Executive Department to negotiate subject matters set forth in subsection 3 which are outside the scope of mandatory bargaining.

To the greatest extent practicable, any decision issued by the Board before October 1, 2019, relating to the interpretation of, or the performance under, the provisions of NRS 288.150 shall be deemed to apply to any complaint arising out of the interpretation of, or performance under, the provisions of this section.

- *SB327_R1* – 17 – Sec.

It is unlawful for any contractor in connection with the performance of work under a contract with a public body, when payment of the contract price, or any part of such payment, is to be made from public money, to refuse to employ or to discharge from employment any person because of his or her race, color, creed, national origin, sex, sexual orientation, gender identity or expression, or age, or to discriminate against a person with respect to hire, tenure, advancement, compensation or other terms, conditions or privileges of employment because of his or her race, creed, color, national origin, sex, sexual orientation, gender identity or expression, or age.

In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of race, creed, - 81st Session (2021) – 18 – color, national origin, sex, sexual orientation, gender identity or expression, or age, including, without limitation, with regard to employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, ratestraining, ofincluding, paywithout orlimitation, otherapprenticeship.on formsfor ofThe compensation,contractor andfurther selectionagrees to insert this provision in all subcontracts hereunder, except subcontracts for training,standard including,commercial withoutsupplies limitation,or apprenticeship.raw materials.

The contractor further agrees to insert this provision in all subcontracts hereunder, except subcontracts for standard commercial supplies or raw materials.

- *SB327_R1* – 18 – (d) “Sexual orientation” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.

(a) Authorize for commercial advertising the use of buses owned by (b) Establish the schoolfees district;and other terms and conditions which are applicable to such advertising.

and (b) Establish the fees and other terms and conditions which are applicable to such advertising.

- 81st Session (2021) – 19 – (8) Contain political advertising;

The board of trustees of each school district that receives money pursuant to subsection 1 shall establish a special revenue fund and direct that the money it receives pursuant to subsection 1 be deposited in that fund.

- *SB327_R1* – 19 – Sec.

The board of trustees of a school district may, in consultation with the schools within the district, parents and legal guardians of pupils who are enrolled in the district, and associations and organizations representing licensed educational personnel within the district, establish a policy that requires pupils to wear schoolsch2. uniforms.

2.

- 81st Session (2021) – 20 – 5.

Race discrimination prohibited by this subsection includes, without limitation, the enforcement of a dress code or policy that requires school uniforms whereby a pupil’s hair texture, hairstyle, including, without limitation, a protective hairstyle, or other trait associated with race violates the dress code or the policy.

- *SB327_R1* – 20 – Sec.

Sec.388A.453 NRS 1.

21.An application for enrollment in a charter:

NRSschool 388A.453may isbe herebysubmitted amendedannually to readthe asgoverning follows:body of the charter school by the parent or legal guardian of any child who resides in this State.

388A.453 1.

An application for enrollment in a charter school may be submitted annually to the governing body of the charter school by the parent or legal guardian of any child who resides in this State.

If the board of trustees of the school district in which the charter school is located has established zones of attendance pursuant to NRS 388.040, the charter school shall, if practicable, ensure that the racial composition of pupils enrolled in the charter school does not differ by more than 10 percent from the racial - 81st Session (2021) – 21 – composition of pupils who attend public schools in the zone in which the charter school is located.

If a charter school is sponsored by the board of trustees of a school district located in a county whose population is 100,000 or more, except for a program of distance education provided by the charter school, the charter school shall enroll pupils who are eligible for enrollment who reside in the school district in which the charter school is located before enrolling pupils who reside outside the school district.

- *SB327_R1* – 21 – (f) Sexual orientation;

A lottery held pursuant to subsection 5 must be held not sooner than 45 days after the date on which a charter school begins accepting applications for enrollment unless the sponsor of thethegins charter school determines there is good cause to hold it sooner.

- 81st Session (2021) – 22 –  If more eligible pupils apply for enrollment in such a charter school than the number of spaces which are available, the charter school shall determine which applicants to enroll pursuant to this subsection on the basis of a lottery system.

9.(a) “Protective thihairstyle” includes, without limitation, hairstyles such as natural hairstyles, afros, bantu knots, curls, braids, locks and twists.

As used in this section:

(a) “Protective hairstyle” includes, without limitation, hairstyles such as natural hairstyles, afros, bantu knots, curls, braids, locks and twists.

These accelerated programs should be designed to address - *SB327_R1* – 22 – the different and distinct learning styles and needs of these profoundly gifted pupils.

3.accelerated programs of education for profoundly gifted pupils be such open to all qualified applicants, regardless of race, culture, ethnicity, economic means, sexual orientation, or gender identity or expression, and that specific criteria for admission into those programs be designed to determine the potential for success of an applicant.

It is the intent of the Legislature that participation in such accelerated programs of education for profoundly gifted pupils be open to all qualified applicants, regardless of race, culture, ethnicity, economic means, sexual orientation, or gender identity or expression, and that specific criteria for admission into those programs be designed to determine the potential for success of an applicant.

- 81st Session (2021) – 23 – (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, withoutwitSec. limitation, hair texture and protective hairstyles.

Sec.

Chapter 391 of NRS is hereby amended by addingadding. thereto a new section to read as follows:

thereto a new section to read as follows:

- *SB327_R1* – 23 – (d) An employee who is aggrieved by his or her test score may appeal the testing process.

2.subsection 1:g the appeal process authorized by paragraph (d) of (a) The employee who appeals the testing process is entitled to see:

During the appeal process authorized by paragraph (d) of subsection 1:

(a) The employee who appeals the testing process is entitled to see:

- 81st Session (2021) – 24 – 5.

(a) “Protective hairstyle” includes, without limitation, hairstylesbraids, suchlocks asand naturaltwists.l hairstyles, afros, bantu knots, curls, braids,(b) locks“Race” includes traits associated with race, including, without limitation, hair texture and twists.protective hairstyles.

(b) “Race” includes traits associated with race, including, without limitation, hair texture and protective hairstyles.

This section and sections 1 to 6, inclusive, 98.5 to 22, inclusive, 24 and 25 of this act become effective upon passage and approval.

- *SB327_R1* – 24 – 2.

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