Filing a Discrimination Claim - Nevada

Employment discrimination is the practice of unfairly treating a person or group of people differently from other people or groups of other people at work, because of their membership in a legally protected category such as race, sex, age, or religion.  Each state has passed laws and rules to protect your workplace rights: this page covers Nevada employment discrimination.  The purpose of Nevada Law to protect workers in Nevada from unlawful discrimination in employment. Read below to learn more about Nebraska employment law and how the law protects you.

Nevada law makes it illegal for an employer to discriminate on the basis of race, national origin, color, religion, sex/gender, sexual orientation, age (over 40) and disability.  The relevant laws prohibiting job discrimination are:

  • NRS 613.330
  • Title VII of the Civil Rights Act of 1964
  • Equal Pay Act of 1963
  • Age Discrimination in Employment Act of 1967
  • Title I and Title V of the Americans with Disabilities Act of 1990
  • Sections 501 and 505 of the Rehabilitation Act of 1973; and
  • The Civil Rights Act of 1991

A discrimination claim can be filed either with the state administrative agency, the Nevada Equal Rights Commission (NERC) or the federal administrative agency, the Equal Employment Opportunity Commission (EEOC). The two agencies have what is called a “work-sharing agreement,” which means that the agencies cooperate with each other to process claims. Filing a claim with both agencies is unnecessary, as long as you indicate to one of the agencies that you want it to “cross-file” the claim with the other agency.

To file a claim with the NERC, contact the nearest office. More information about filing a claim with NERC can be found at: Nevada Department of Employment, Training and Rehabilitation Website.

To file a claim with the EEOC, visit the EEOC Filing a Charge page.

EEOC has launched an online service that enables individuals who have filed a discrimination charge to check the status of their charge online.  This service provides a portal to upload and receive documents and communicate with the EEOC, allowing for a faster transmitting period.  Those who have filed a charge can access information about their charge at their convenience, and allow entities that have been charged to receive the same information on the status of the charge.  All of the EEOC offices now use the Digital Charge System.  

Do not delay in contacting the NERC or EEOC to file a claim. There are strict time limits in which charges of employment discrimination must be filed. To preserve your claim under state law, you must file with the NERC within 300 days of the date you believe you were discriminated against. To preserve your claim under federal law, you must file with the EEOC within 300 days of the date you believe you were discriminated against. However, as you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. You may wish to consult with an attorney prior to filing your claim, if possible. Yet if you are unable to find an attorney who will assist you, however, it is not necessary to have an attorney to file your discrimination claim with the state and federal administrative agencies.

When your charge is filed, the EEOC will give you a copy of your charge with your charge number. Within 10 days, the EEOC will also send a notice and a copy of the charge to the employer. At that point, the EEOC may decide to do one of the following:

  • Ask both you and the employer to take part in a mediation program
  • Ask the employer to provide a written answer to your charge and answer questions related to your claim, then your charge will be given to an investigator
  • Dismiss the claim if your charge was not filed in time or if the EEOC does not have jurisdiction

If the EEOC decides to investigate your charge, the EEOC may interview witnesses and gather documents.  Once the investigation is complete, they will let you and the employer know the result. If they decides that discrimination did not occur then they will send you a “Notice of Right to Sue.” This notice gives you permission to file a lawsuit in a court of law. If the EEOC determines that discrimination occurred then they will try to reach a voluntary settlement with the employer. If a settlement cannot reached, your case will be referred to the EEOC’s legal staff (or the Department of Justice in certain cases), who will decide whether or not the agency should file a lawsuit. If the EEOC decides not to file a lawsuit then they will give you a “Notice of Right to Sue.”

How long the investigation takes depends on a lot of different things, including the amount of information that needs to be gathered and analyzed. On average, it takes the EEOC nearly 6 months to investigate a charge. A charge is often able to settle faster through mediation (usually in less than 3 months).

If your case is successfully resolved by an administrative agency, it may not be necessary to hire an attorney or file a lawsuit (to resolve your case, you probably will be required as to sign a release of your legal claims). If your case is not resolved by the NERC or EEOC, and you may want to continue to pursue the matter, you will need to pursue your claim in court. A federal employment discrimination case cannot be filed in court without first going to the EEOC, as discussed above, and having the EEOC dismiss your claim. This process is called “exhaustion” of your administrative remedy. Similarly, before you can proceed with a lawsuit based on your state discrimination claim, you must file with the NERC.

Because Nevada’s state anti-discrimination law does not specifically allow the compensatory (emotional pain and suffering) and punitive damages (damages intended to punish the employer) allowed under federal law, many Nevada attorneys choose to file employment discrimination cases in federal or state court but prefer to use federal law. A case filed in state court under federal law may be subject to removal, which means that a defendant employer requests to move the case to federal court because it involves a federal statute, such as Title VII or the ADEA.

The EEOC must first issue the document known as “Dismissal and Notice of Rights” or “Notice of Right to Sue” (Form 161) before you can file a case based upon your federal claim. A lawsuit based on your federal discrimination claim must be filed in federal or state court within 90 days of the date you receive the notice. (Be sure to mark down that date when you receive the notice.)

You may request a similar “right-to-sue” notice from NERC to proceed with your state claim. A lawsuit based on your state claim must be filed within 90 days of the date NERC dismisses your case.

These deadlines are called the “statute of limitations.” If you have received one of these agency dismissal notices, do not delay consulting with an attorney. If your lawsuit is not filed by the deadline, then you may lose your ability to pursue a discrimination case.

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Madeline Messa

Madeline Messa est étudiante en troisième année de licence à la faculté de droit de l'université de Syracuse. Elle est diplômée en journalisme de Penn State. Grâce à ses recherches juridiques et à ses écrits pour Workplace Fairness, elle s'efforce de fournir aux gens les informations dont ils ont besoin pour être leur meilleur défenseur.