AB 222 — Revises provisions governing employment practices. (BDR 53-739)

(ReprintedAssembly withBill amendmentsNo. adopted on April 19, 2021) FIRST REPRINT A.B.

222222–Assemblywoman ATorres SSEMBLYCHAPTER.......... BILL NO .

222–ASSEMBLYWOMAN TORRES M ARCH 10, 2021 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions governing employment practices.

(BDR 53-739) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

making it an unlawful employment practice for an employer to take certain actions against an employee who reports or reasonably refuses to engage in certain conduct that is illegal or unsafe or who provides notice of certain safety or health violations;

TheUnder Nevadaexisting Supremelaw, Courtif, hasafter determineda thatcomplaint underalleging existing law an referredunfair toemployment aspractice whistleblowingis iffiled with the employerNevada terminatesEqual Rights Commission, the employmentCommission ofdoes annot at-conclude willthat employeean becauseunfair theemployment employeepractice reportshas tooccurred, the appropriateperson externalalleging authoritiessuch conducta bypractice thehas employeroccurred thatis theauthorized employeeto reasonablybring anda incivil goodaction faithin suspectsthe maydistrict becourt illegal.for entitled.

However, the Court has also determined that this protection does not extend to a whistleblower who reports such conduct only to a supervisor or other person within the employer’s organization.

(Wiltsie v.

Baby Grand Corp., 105 Nev.

Section 1 of this bill codifies in statute the whistle blower protections established by the Nevada Supreme Court for employees who report to appropriate external authorities, or to the employer, conduct by the employer that the employee reasonably and in good faith suspects may be illegal.

Section 1 also provides that those provisions apply to conduct by the employer that the employee reasonably and in good faith suspects may be unsafe.

Section 1 further provides the same proExisting law establishes the Division of Industrial Relations within the Department of Business and Industry and, in addition to its other duties, requires the Division to supervise and regulate all matters relating to occupational safety and - *AB222_R1* – 2 – health.

(NRS 232.510, 618.175) To carry out those duties under existing law, the Administrator of the Division and his representatives are authorized to inspect workplaces.

(NRS 618.325) Existing law further provides that before or during such an inspection, any employee is entitled to notify the Division of a safety or (NRS 618.435) Section 1 extends its whistleblower protections to employees whoce.

notify the Division of such violations.

Section 2 of this bill makes a conforming change to indicate the placement of section 1 within the Nevada Revised Statutes.

Under existing law, if, after a complaint alleging an unfair employment practice is filed with the Nevada Equal Rights Commission, the Commission does not conclude that an unfair employment practice has occurred, the person alleging such an order granting or restoring to that person the rights to which the person isourt for entitled.

Existing law further provides that the 90-day and 180-day periods of limitation are tolled during the pendency of the complaint of those provisions to:

(1) actions in the district court for the occurrence ofeof unlawful employment practices prohibited under Title VII of the Civil Rights Act of 1964;

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

SectionSections 1.1-3.

Chapter 613 of NRS is hereby amended by adding thereto a new section to read as follows:

1.

It is an unlawful employment practice for an employer to discharge, discipline, discriminate against in any manner or deny employment or promotion to, or threaten to take any such action against, an employee because the employee:

(a) Reports to his or her employer or an appropriate external authority, or reasonably refuses to engage in, conduct that the employee reasonably and in good faith suspects may violate a local, state or federal law or regulation or pose an unreasonable risk to the health or safety of any person;

or (b) Notifies the Division of Industrial Relations of the Department of Business and Industry, pursuant to NRS 618.435, of a safety or health violation that the employee has reason to believe exists in the workplace.

2.

An employee who is discharged, discriminated against or otherwise suffers an adverse employment action as a result of a violation of subsection 1 by his or her employer may bring a civil action against the employer and obtain:

(a) Any wages and benefits lost as a result of the violation;

- *AB222_R1* – 3 – (b) An order of reinstatement without loss of position, seniority or benefits;

(c) Damages equal to the amount of the lost wages and benefits;

(d) Any past or future compensatory damages;

and (e) Punitive damages, if appropriate pursuant to NRS 42.005.