WE ARE LIVE!
Complaints with the Commission can now be created securely and online through your own account with our new MYNERCCOMPLAINT Portal. Features include: Step-by-step screening, paperless filing and case tracking from your tablet, PC or smart phone. Easy and safe to use with helpful instructions at every step.
DR. BOB BAILEY
Nevada Equal Rights Commission's first chair
Employment
NERC has jurisdiction to investigate complaints of discrimination in employment, including but not limited to, failure to hire, promotion, discharge, harassment, sexual harassment, disparate treatment, and retaliation.
HOUSING
NERC has jurisdiction to investigate complaints of discrimination in housing, including but not limited to: renting, inheriting or leasing real property, sales, mortgage lending, advertising, and restrictive covenants.
Public Accommodation
NERC has jurisdiction to investigate complaints of discrimination in public spaces, including but not limited to: hotels, casinos, schools, private schools, universities or other places of education, restaurants, bars or facilities where food or spirits are sold, places of recreation and transportation terminals.
important updates
Types of Discrimination
The most common types of discrimination are:
Filing a Complaint
Who Can File a Complaint of Discrimination?
Any individual who believes their rights have been violated based on a protected class may file a complaint of discrimination with the Equal Rights Commission.
How Is a Complaint of Discrimination Filed?
- A complaint of employment, housing or public accommodation discrimination must be filed online at https://detr.nv.gov/NERC. We no longer accept complaints by mail, by fax or in person. Your complaint will be assessed, and if it meets the legal requirements, a formal charge will be drafted for your review and signature.
- You must file your employment or public accommodation complaint within 300 days of the date of the alleged violation. Housing complaints must be filed within one year of the alleged violation.
- Individuals who need an accommodation in order to file a complaint (e.g., sign language interpreter, print materials in an accessible format) should inform the nearest Commission office so appropriate arrangements can be made.
What Information Must Be Provided to File a Complaint?
- Your name, address, and telephone number.
- The name, address, and telephone number of the respondent employer, employment agency, or union that is alleged to have discriminated, and number of employees (or union members), if known.
- A short description of the alleged violation (the event that caused the complaining party to believe that his or her rights were violated).
- The date(s) of the alleged violation(s).
- Your date of birth if you are filing on the basis of age; your race or national origin if you are filing on the basis of race or national origin.
- To file a complaint of discrimination with the federal Equal Employment Opportunity Commission (EEOC), instead of the Nevada Equal Rights Commission, call 1-800-669-4000.
- You do not need an attorney to file a complaint.
- Filing is FREE.
Complaint Forms: Remember to print out your completed form for your records or in case you need to fax or email it in. Also, if you have filed an online complaint form and have not heard from us within two weeks of submitting your complaint, please call our office.
The laws prohibiting employment discrimination are:
- NRS 613.330
- Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;
- Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
- Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;
- Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
- Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government; and
- Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.
- The Genetic Information Nondiscrimination Act of 2008 (GINA) is a federal law that protects individuals from genetic discrimination in health insurance and employment.
Housing Discrimination
Nevada law prohibits discrimination in housing because of race, color, religion, sex, sexual orientation, gender identity or expression, disability, national origin, or familial status. Discrimination may involve the availability of housing, lease terms, security deposits, privileges of residency, purchase terms, interest rates or insurance rates. Landlords must also make reasonable accommodations for tenants with disabilities and must allow disabled tenants to make reasonable alterations to the unit at the tenant’s expense.
Remedies for housing discrimination under state law are different than federal remedies. Contact the Nevada Equal Rights Commission to file a complaint or for more information.
No tolling for housing discrimination claims - There is no provision for tolling of claims (time while case is pending before the Nevada Equal Rights Commission not counted against statutory time allotted to file for court action) in Nevada Revised Statute (NRS). You may wish to review NRS 118.010-118.120, and/or seek legal advice to consider if you wish to pursue additional actions while your case is pending before the Nevada Equal Rights Commission.
The Federal Fair Housing Act also prohibits discrimination in housing based on race, color, national origin, religion, sex, disability and familial status. Contact the US Department of Housing and Urban Affairs (HUD) at 1-800-347-3739 or at http://apps.hud.gov/offices/hsg/sfh/hcc/hcs.cfm for additional information about the protections under federal law.
Public Accommodations
All persons are entitled to the full and equal enjoyment of places of public accommodation without discrimination or segregation because of race, color, religion, sex, national origin, disability, sexual orientation, or gender identity or expression.
Places of "public accommodation" include any establishment or place to which the public is invited or which is intended for public use, such as:
- hotels, restaurants, bars, gas stations, casinos, theatres
- retail stores, banks, barber/beauty shops, hospitals/clinics
- offices of accountants, lawyers, doctors, insurance agents
- airports, bus or train depots
- bowling alleys, amusement parks, zoos, stadiums, convention centers
- parks, health clubs/spas, educational institutions, social service providers
- any nursery, private school, university or any other place of education
Places of public accommodation DO NOT include any private club or other establishment not open to the public.
Businesses may offer discounts or special prices to senior citizens, children, or students, and may impose age limits up to age 21. Businesses may offer differential pricing, discounted pricing, or special offers based upon sex if used to promote or market the place of public accommodation.
For information on bullying in schools, you may contact the Nevada Department of Education: Safe Voice Nevada (safevoicenv.org)
Training and Outreach
The best way to combat discrimination is to prevent it from happening in the first place. The Equal Rights Commission's trained representatives are available to provide on-site training and to speak at seminars and community meetings about discrimination laws and preventing discrimination.
The Equal Rights Commission also provides posters and brochures to employers to display in the workplace to help employees understand discrimination laws. For more information about securing a speaker or obtaining materials, call one of the Equal Rights Commission offices. The Commission provides these services at no cost.
To request live training/outreach, please click here
Criminal Background Checks
Nevada law requires public employers to provide applicants written notice of final decisions to revoke job offers based on criminal history. Please note, there should be no question(s) on the initial application [or interview] whether an applicant has a criminal background.
NERC has created (3) three sample templates to assist public employers in complying with this obligation. Please note: the law does not require the use of these sample templates, rather they may be useful tools for ALL employers (public and/or private). Please see the letter templates and the ban the box guidance below for more information.
If your organization would like additional information about the Commission’s no-cost training or have any questions, please contact NERC’s Outreach Office at (702) 486-7161, or via online form: NERC Outreach.
If you should have any questions regarding this topic, contact the Nevada Equal Rights Commission.