Nevada 2021 Regular Session Status: Enacted 6 D cosponsors

SB 293 — Revises provisions relating to employment. (BDR 53-907)

Last action — Approved by the Governor. Chapter 293.

  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 March 22, 2021. 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.

  • 9 sponsors

    2 primary, 7 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (6 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.

Bill Text

What changed in the latest version

341 added · 362 removed

341 line(s) added, 362 removed.

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(Reprinted with amendments adopted on April 16, 2021) FIRST REPRINT S.B.
Senate Bill No.
293 S ENATE B ILLN O .
293–Senators Cannizzaro;
293–SENATOR C ANNIZZARO M ARCH 22, 2021 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions relating to employment.
Denis, Donate, Lange, Neal, Ohrenschall, Ratti and Scheible Joint Sponsor:
(BDR 53-907) FISCAL NOTE:
Assemblywoman Duran CHAPTER..........
EfEffect on the State:
No.:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
providing that an employer, an employment agency, the governing body of a county, incorporated city or unincorporated town or an appointing authority may ask an applicant about his or of such provisions is an unlawful employment practice;ation providing that a person may file a complaint for a violation of such provisions;
providing that an employer, an employment agency, the governing body of a county, incorporated city or unincorporated town or an appointing authority may ask an applicant about his or her wage or salary expectations;
providing that a violation of such provisions is an unlawful employment practice;
providing that a person may file a complaint for a violation of such provisions;
- *SB293_R1* – 2 – LegExisting law deems certain employment practices as unlawful and prohibits certain employers, employment agencies and labor organizations from engaging in such practices.
Legislative Counsel’s Digest:
(NRS 613.330-613.345) Section 1.3 of this bill prohibits an employer or an employment agency from:
Existing law deems certain employment practices as unlawful and prohibits certain employers, employment agencies and labor organizations from engaging in such practices.
(1) seeking the wage or salary history of an applicant for employment;
(NRS 613.330-613.345) Section 1.3 of this bill prohibits an an applicant for employment;
(2) relying on the wage or salary history of an applicant to determine whether to offer employment to the applicant or to determine the rate of pay for the applicant;
(2) relying on the wage or salary history of any of applicant to determine whether to offer employment to the applicant or to determine the rate of pay for the applicant;
or (3) refusing to interview, hire, promote or employ an applicant or discriminating or retaliating against an applicant employer or employment agency to provide to an applicant for employment whores an has completed an interview for a position:
or (3) refusing to interview, hire, promote or employ an applicant or discriminating or retaliating against an applicant if the applicant does not provide wage or salary history.
Section 1.3 requires an has completed an interview for a position:
Additionally, section 1.3 provides that an employer or employment agency may ask an applicant for employment about his or her wage or salary expectation for the position for which the applicant is applying.
Additionally, section 1.3 provides that an employer or employment agency may ask an applicant for employment about his or her wage or salary expectation for the position for which the applicant - 81st Session (2021) – 2 – is applying.
and (3) a violation of section 1.3 may of this act requires the Labor Commissioner to issue, upon request, a right-to-suen 1.7 notice if at least 180 days have passed after the complaint was filed.
and (3) a violation of section 1.3 may be subject to administrative penalties.
Sections 2-8 of this bill make conforming changes by applying certain provisions and prohibitions to section 1.3.
If a person files such a complaint, section 1.7 of this act requires the Labor Commissioner to issue, upon request, a right-to-sue notice if at least 180 days have passed after the complaint was filed.
Section 5 of this bill provides that nothing contained in section 1.3 applies to certain businesses or enterprises on or near an Indian reservation.
Sections 2-8 of this bill make conforming changes by applying certain provisions and prohibitions applies to certain businesses or enterprises on or near an Indian reservation.ion 1.3 Section 9 of this bill prohibits the governing body of a county, a county officer or other person acting on behalf of a county from:
Section 9 of this bill prohibits the governing body of a county, a county officer or other person acting on behalf of a county from:
(2) relying on the wage or salary history of an applicant to determine whether to offer employment to the applicant or to promote or employ an applicant or discriminating or retaliating against an applicant because the applicant does not provide wage or salary history.
(2) relying on the wage or salary history of an applicant to determine whether to offer employment to the applicant or to determine the rate of pay for the applicant;
Section 9 requires the governing body of a county, a county officer or other person acting on behalf of a county to provide to an applicant for employment who has completed an interview for a position:
or (3) refusing to interview, hire, promote or employ an applicant or discriminating or retaliating against an applicant because the applicant does not provide wage or salary history.
Section 9 requires a county to provide to an applicant for employment who has completed an on behalf of interview for a position:
Finally, section 9 provides that the governing body of a county, county officer or other person may ask an applicant for employment about his or her wage or salary expectation for the position for which the applicant governing body of an incorporated city, a city officer, the governing body of an unincorporated town or any other person acting on behalf of an unincorporated town and an appointing authority.
Finally, section 9 provides that the governing body of a county, county officer or other person may ask an applicant for employment about his or her wage or salary expectation for the position for which the applicant is applying.
Sections 10-12 of this bill establish similar provisions for the unincorporated town or any other person acting on behalf of an unincorporated an town and an appointing authority.
- *SB293_R1* – 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:
2.
- 81st Session (2021) – 3 – 2.
(a) To an applicant for employment who has completed an interview for a position, the wage or salary range or rate for the position;
(a) To an applicant for employment who has completed an interview for a position, the wage or salary range or rate for the pos(b) The wage or salary range or rate for a promotion or transfer to a new position if an employee has:
and (b) The wage or salary range or rate for a promotion or transfer to a new position if an employee has:
Nothing in this section prohibits an employer or employment agency from asking an applicant for employment about his or her wage or salary expectation for the position for whi4.
Nothing in this section prohibits an employer or employment agency from asking an applicant for employment about his or her wage or salary expectation for the position for which the applicant is applying.
tIt is an unlawful employment practice for:
4.
It is an unlawful employment practice for:
6.
Commissioner may impose against any employer or employmentbor agency or any agent or representative thereof that is found to have violated any provision of this section an administrative penalty of not more than $5,000 for each such violation.
In addition to any other remedy or penalty, the Labor Commissioner may impose against any employer or employment - *SB293_R1* – 4 – agency or any agent or representative thereof that is found to have violated any provision of this section an administrative penalty of not more than $5,000 for each such violation.
and (4) Any entity governed by section 9, 10, 11 or 12 of this act.
and - 81st Session (2021) – 4 – act.
Show all 81 changed rows (41 more)
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(b) “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.
(4) Any entity governed by section 9, 10, 11 or 12 of this (b) “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.
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, and the notice must so indicate.
The person may, not later than 90 days after the date of receipt of the person named in the complaint, and the notice must so indicate.inst the Sec.
Sec.
The provisions of NRS 613.310 to 613.4383, inclusive, and section 1.3 of this act concerning unlawful employment practices related to sexual orientation and gender identity or expression do not - *SB293_R1* – 5 – apply to an organization that is exempt from taxation pursuant to 26 U.S.C.
The provisions of NRS 613.310 to 613.4383, inclusive, and section 1.3 of this act concerning unlawful employment practices related to sexual orientation and gender identity or expression do not apply to an organization that is exempt from taxation pursuant to 26 U.S.C.
Sec.
613.340 1.NRS 6It is an unlawful employment practice for an employer to discriminate against any of his or her employees or applicants for employment, for an employment agency to discriminate against any person, or for a labor organization to discriminate against any member thereof or applicant for membership, because the employee, applicant, person or member, as applicable, has opposed any practice made an unlawful employment practice by NRS 613.310 to 613.4383, inclusive, and section 1.3 of this act or because he or she has made a charge, testified, assisted or - 81st Session (2021) – 5 – participated in any manner in an investigation, proceeding or hearing under NRS 613.310 to 613.4383, inclusive [.] , and section 1.3 of this act.
4.
NRS 613.340 is hereby amended to read as follows:
613.340 1.
It is an unlawful employment practice for an employer to discriminate against any of his or her employees or applicants for employment, for an employment agency to discriminate against any person, or for a labor organization to discriminate against any member thereof or applicant for membership, because the employee, applicant, person or member, as applicable, has opposed any practice made an unlawful employment practice by NRS 613.310 to 613.4383, inclusive, and section 1.3 of this act or because he or she has made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under NRS 613.310 to 613.4383, inclusive [.] , and section 1.3 of this act.
It is an unlawful employment practice for an employer, labor organization or employment agency to print or publish or cause to be printed or published any notice or advertisement relating to employment by such an employer or membership in or any classification or referral for employment by such a labor organization, or relating to any classification or referral for employment by such an employment agency, indicating any preference, limitation, specification or discrimination, based on race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin, except that such a notice or advertisement may indicate a preference, limitation, specification or discrimination based on religion, sex, sexual orientation, gender identity or expression, age, physical, mental or visual condition or national origin when religion, sex, sexual orientation, gender identity or expression, age, physical, mental or visual condition or national origin is a bona fide occupational qualification for employment.
It is an unlawful employment practice for an employer, labor be printed or published any notice or advertisement relating toto employment by such an employer or membership in or any classification or referral for employment by such a labor organization, or relating to any classification or referral for employment by such an employment agency, indicating any preference, limitation, specification or discrimination, based on race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin, except that such a notice or advertisement may indicate a preference, limitation, specification or discrimination based on religion, sex, sexual orientation, gender identity or expression, age, physical, mental or visual condition or national origin when religion, sex, sexual orientation, gender identity or expression, age, physical, mental or visual condition or national origin is a bona fide occupational qualification for employment.
613.390 Nothing contained in NRS 613.310 to 613.4383, inclusive, and section 1.3 of this act applies to any business or enterprise on or near an Indian reservation with respect to any publicly announced employment practice of such business or enterprise under which a preferential treatment is given to any individual because the individual is an Indian living on or near a reservation.
613.390 Nothing contained in NRS 613.310 to 613.4383, inclusive, and section 1.3 of this act applies to any business or enterprise on or near an Indian reservation with respect to any publicly announced employment practice of such business or enterprise under which a preferential treatment is given to any individual because the individual is an Indian living on or near a resSecs.
Sec.
6 and 7.
6.
7.
(Deleted by amendment.) Sec.
613.432 If a court finds that an employee has been injured by an unlawful employment practice within the scope of this section - *SB293_R1* – 6 – and NRS 613.310 to 613.4383, inclusive, and section 1.3 of this act, the court may award 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, 42 U.S.C.
613.432 If a court finds that an employee has been injured by an unlawful employment practice within the scope of this section and NRS 613.310 to 613.4383, inclusive, and section 1.3 of this act, the court may award 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, 42 U.S.C.
§§ 2000e et seq., if the employee is protected by Title VII of the Civil Rights Act of 1964, 42 U.S.C.
§§ 2000e et seq., if the employee is protected by Title VII of the Civil Rights Act of 1964, U.S.C.
(a) Seek the wage or salary history of an applicant for employment by the county;
- 81st Session (2021) – 6 – employment by the county;alary history of an applicant for (b) Rely on the wage or salary history of an applicant to determine:
(b) Rely on the wage or salary history of an applicant to determine:
(2) Completed an interview for the promotion or transfer or been offered the promotion or transfer;
been offered the promotion or transfer;
and (3) Requested the wage or salary range or rate for the promotion or transfer.
andomotion or transfer or (3) Requested the wage or salary range or rate for the promotion or transfer.
- *SB293_R1* – 7 – Sec.
Sec.
1.
shall not, orally or in writing, personally or through an agent:icer (a) Seek the wage or salary history of an applicant for employment by the incorporated city;
The governing body of an incorporated city or a city officer shall not, orally or in writing, personally or through an agent:
(a) Seek the wage or salary history of an applicant for employment by the incorporated city;
or (c) Refuse to interview, hire, promote or employ an applicant, or discriminate or retaliate against an applicant if the applicant does not provide wage or salary history.
or - 81st Session (2021) – 7 – (c) Refuse to interview, hire, promote or employ an applicant, or discriminate or retaliate against an applicant if the applicant does not provide wage or salary history.
A governing body of an incorporated city or a city officer shall provide:
A governing body of an incorporated city or a city officer sha(a) To an applicant for employment by an incorporated city who has completed an interview for a position the wage or salary range or rate for the position;
(a) To an applicant for employment by an incorporated city who has completed an interview for a position the wage or salary range or rate for the position;
Chapter 269 of NRS is hereby amended by adding thereto a new section to read as follows:
Chapter 269 of NRS is hereby amended by adding the1.to The town board, board of county commissioners or any other person acting on behalf of an unincorporated town shall not, orally or in writing, personally or through an agent:
1.
The town board, board of county commissioners or any other person acting on behalf of an unincorporated town shall not, orally or in writing, personally or through an agent:
- *SB293_R1* – 8 – (1) Whether to offer employment to an applicant;
(1) Whether to offer employment to an applicant;
(a) To an applicant for employment by an unincorporated town who has completed an interview for a position the wage or salary range or rate for the position;
- 81st Session (2021) – 8 – town who has completed an interview for a position the wage or salary range or rate for the position;
As used in this section, “wage or salary history” means the wages or salary paid to an applicant for employment by the current or former employer of the applicant.
As used in this section, “wage or salary history” means the current or former employer of the applicant.
or (c) Refuse to interview, hire, promote or employ an applicant, or discriminate or retaliate against an applicant if the applicant does not provide wage or salary history.
or (c) Refuse to interview, hire, promote or employ an applicant, or discriminate or retaliate against an applicant if the applicant doe2.notAn appointing authority shall provide:
2.
An appointing authority shall provide:
and - *SB293_R1* – 9 – (b) The wage or salary range or rate for a promotion or transfer to a new position if an employee in the unclassified service of the State has:
and (b) The wage or salary range or rate for a promotion or transfer to a new position if an employee in the unclassified service of the State has:
been offered the promotion or transfer;
- 81st Session (2021) – 9 – been offered the promotion or transfer;
andomotion or transfer or (3) Requested the wage or salary range or rate for the promotion or transfer.
andromotion or transfer or (3) Requested the wage or salary range or rate for the promotion or transfer.
H - *SB293_R1*
~~~~~ 21 - 81st Session (2021)
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Amendments

2 amendments

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Action History

  1. Approved by the Governor. Chapter 293.

  2. Enrolled and delivered to Governor.

  3. Assembly Amendment No. 569 concurred in. To enrollment.

  4. In Senate.

  5. Read third time. Passed, as amended. Title approved. (Yeas: 30, Nays: 11, Absent: 1.) To Senate.

  6. From printer. To reengrossment. Reengrossed. Second reprint. Taken from General File. Placed on General File for next legislative day.

  7. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 569.) To printer.

  8. In Assembly. Read first time. Referred to Committee on Commerce and Labor. To committee.

  9. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 17, Nays: 4.) To Assembly.

  10. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 416.) To printer.

  11. From printer. To committee.

  12. Read first time. Referred to Committee on Commerce and Labor. To printer.

Sponsors

Sponsorship breakdown

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2 sponsors · 7 co-sponsors · 58 not signed on

Sponsors (2)

Co-sponsors (7)

Not signed on (58)

58 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
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 293?
SB 293 is sponsored by Cannizzaro, Nicole J. (Democratic), Moises Denis, Doñate, Fabian (Democratic), Lange, Roberta (Democratic), Neal, Dina (Democratic), Ohrenschall, James (Democratic), Scheible, Melanie (Democratic), Julia Ratti, and Duran, Bea.
What is the current status of SB 293?
This bill has been enacted into law. Introduced March 22, 2021. Enacted.
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