All Roll Calls
Yes: 40 • No: 23
NevadaSB16083rd Regular Session (2025)SenateWALLET
AN ACT relating to discriminatory practices; moving the Nevada Equal Rights Commission from the Department of Employment, Training and Rehabilitation to the Office of the Attorney General; revising certain duties of the Commission; establishing certain requirements relating to attorneys and paralegals who provide services to or are employed by the Commission; setting forth certain requirements relating to the final disposition of a complaint alleging an unlawful discriminatory practice; and providing other matters properly relating thereto.
Sponsored By: Dina Neal (Democratic)
Vetoed
BDR 18-82
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Bill Overview
Analyzed Economic Effects
11 provisions identified: 3 benefits, 2 costs, 6 mixed.
Worker pay relief has time limits
After failed mediation or conciliation and a public hearing, the Commission can order unlawful discrimination to stop and require corrective action. Job remedies include rehiring, reinstatement, and restored rights, benefits, seniority, and leave. Back pay covers no more than 2 years before complaint filing through the order date. Interest uses the largest Nevada bank's prime rate on the preceding January 1 or July 1, plus 2%, adjusted twice yearly. Sex-based job discrimination can also bring compensation for lost wages and other economic losses. After preliminary investigation and an informal meeting, but before a public hearing, the Commission can seek temporary court orders against immediate, irreparable harm.
Deadlines and limits for discrimination complaints
The Nevada Equal Rights Commission must accept discrimination complaints within its authority and set rules for handling them. Housing complaints must be filed within 1 year after the practice happened or ended. Job and public-accommodation complaints must be filed within 300 days after the practice happened; timely federal filings count. A decision by a comparable state or federal agency bars another complaint based on the same facts and legal theory. Complaints must describe the alleged practice and be signed under oath.
Worker hair protections retain safety exceptions
In job discrimination investigations, race includes hair texture and protective hairstyles, including afros, braids, locks, and twists. Employers can still enforce health and safety requirements set by state or federal law. The Commission can investigate discrimination in jobs, housing, and public accommodations. It can hold hearings, help parties settle, require evidence through subpoenas, delegate hearing and subpoena powers, and adopt needed rules.
Workers gain recourse against local officials
The Commission must accept and act on job discrimination complaints against local elected officials under the specified federal or Nevada laws. After a hearing, it must send the case to district court if discrimination was severe or pervasive and removal is appropriate. The Commission can also impose reasonable sanctions. Officials must pay fines or penalties personally, not with public money or campaign contributions covered by Nevada law. Willfully ignoring a Commission sanction counts as misconduct in office and can lead to removal through the existing process.
Clearer lawsuit and appeal guidance
The Commission must send the responding party the complaint and information about rights and procedures. Both parties must receive notice of court filing deadlines. In job cases, complainants must promptly receive written notice that they can request a right-to-sue notice. They can request that notice after 180 days from filing, then have 90 days after receiving it to sue. The Commission must also provide discrimination education and post appeal instructions and a sample appeal online.
Time limits for resolving discrimination cases
For housing complaints it investigates, the Commission must start within 30 days of receipt and finish within 100 days. If finishing within 100 days is impractical, it must explain why to both parties. Investigated housing, job, and public-accommodation complaints generally need a final decision within 18 months of receipt. Delays beyond 18 months also require written reasons to both parties. An investigation can close without a final decision only if the complainant verbally or physically abuses or threatens a Commission member.
Required legal support for discrimination cases
An employed, contracted, or volunteer attorney must review every discrimination complaint and prepare factual findings for investigations and final outcomes. The Commission must create law-student internship and volunteer attorney programs. It can submit funding claims for attorney fees or investigation costs to the State Board of Examiners. The Board can recommend those claims to the Interim Finance Committee. Fines and penalties covered by the funding rule go to the State General Fund.
Federal housing enforcement agreements need approval
The Commission cannot contract or sign an agreement with the U.S. Department of Housing and Urban Development as a certified fair-housing enforcement agency. The Legislature must expressly authorize such an agreement through a resolution or another appropriate legislative measure. This restriction concerns the federal-state enforcement agreement, not whether residents can file housing discrimination complaints with the Commission.
Penalties for willful discrimination and interference
Employers with 50 or more employees can face civil penalties for willful job discrimination. Maximum penalties are $5,000 for a first violation, $10,000 for a second, and $15,000 for later violations within 5 years. No penalty applies if the employer takes corrective action within 30 days after service of the order. Willful discrimination means knowing the act was unlawful or acting with reckless indifference. Anyone who willfully interferes with the Commission's work can face a fine up to $500.
Privacy protections with case-sharing exceptions
Information gathered in discrimination investigations is generally confidential. The Commission can share information with government entities when appropriate or necessary for its work, or share information without identifying people. Both parties receive information if both consent, or when a hearing, request for temporary court protection, or court case proceeds. Settlement and mediation discussions, investigation notes and reports, and identifying details of sources who requested anonymity remain protected from the parties. After a complaint is filed, Attorney General's Office staff can access information only as needed for Commission duties on that complaint.
Customers can face sex-based promotional prices
Businesses serving the public can offer different prices, discounts, or special offers based on sex to promote or market themselves. For that purpose, the offers are not unlawful discrimination under this act. Some customers can receive discounts while others pay different prices or miss those offers.
Sponsors & Cosponsors
Sponsor
Dina Neal
Democratic • Senate
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
House vote • 5/28/2025
Final Passage - Assembly (1st Reprint)
Yes: 27 • No: 15
Senate vote • 5/22/2025
Final Passage - Senate (1st Reprint)
Yes: 13 • No: 8
Actions Timeline
Vetoed by the Governor.
6/5/2025legislatureEnrolled and delivered to Governor.
5/31/2025legislatureIn Senate. To enrollment.
5/29/2025SenateRead third time. Passed. Title approved. (Yeas: 27, Nays: 15.) To Senate.
5/28/2025HouseRead second time.
5/27/2025HousePlaced on Second Reading File.
5/27/2025HouseFrom committee: Do pass.
5/27/2025HouseRead first time. Referred to Committee on Government Affairs. To committee.
5/23/2025HouseIn Assembly.
5/23/2025HouseRead third time. Passed, as amended. Title approved, as amended. (Yeas: 13, Nays: 8.) To Assembly.
5/22/2025SenatePlaced on General File.
5/22/2025SenateFrom committee: Do pass.
5/22/2025SenateTo committee.
4/23/2025SenateFrom printer. To engrossment. Engrossed. First reprint.
4/23/2025SenateTaken from General File. Re-referred to Committee on Finance. Exemption effective. To printer.
4/21/2025SenateNotice of eligibility for exemption.
4/21/2025SenateRead second time. Amended. (Amend. No. 497.)
4/21/2025SenatePlaced on Second Reading File.
4/18/2025SenateFrom committee: Amend, and do pass as amended.
4/18/2025SenateRead first time. To committee.
2/5/2025SenateFrom printer.
2/5/2025SenateTo printer.
2/4/2025SenatePrefiled. Referred to Committee on Government Affairs.
2/3/2025Senate
Bill Text
As Enrolled
As Introduced
Reprint 1
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