As most companies know, any sound workplace must remain a safe and welcoming environment for employees. In addition to facilitating productivity and a more efficient outcome, these kind of editions are essential to protecting the legal rights of workers and assuring that business in general remains on the right side of the law. There is no shortcut when it comes to treating employees fairly. That is especially true when it comes to matters of discrimination. While it might not make sense to treat every worker in precisely the same way (from salary commitments to office sizes), they must nevertheless be subject to equitable consideration.
Like all states, Nevada takes the risk of discrimination quite seriously. There are federal and state laws alike that prohibit employers from engaging in a range of discriminatory activities. Basis for prohibited discrimination include age, disability, equal pay, gender identity or expression, national origin, pregnancy, race, religion, retaliation, sex, sexual harassment, and sexual orientation. Integrating factors like these into decisions regarding hiring, promotions, placement, wages, and termination is non-negotiable from the law’s perspective. Employers must remain keenly aware of protected categories like these even as they take great pains to avoid making exclusionary determinations with respect thereto. Should your company require the assistance of an attorney, there is no shame in consulting with one when formulating policy or amid the decision-making process itself. It is far less costly to be safe than sorry whence it comes to the possibility of unwanted legal recourse.
What You Need to Know About Discrimination Law
From an employer’s point of view, there are a number of laws you may wish to review with the help of legal advisement. Those laws include Nevada’s own NRS 613.330, Title VII of the Civil Rights Act of 1964, the 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. As always, the federal laws involved remain determinative with respect to that which is allowed in Nevada and elsewhere.
When an employee believes that he or she has been discriminated against, the employee must then file a claim with either the Nevada Equal Rights Commission (NERC) or Equal Employment Opportunity Commission (EEOC). Said employees must file those claims within 300 days of whatever incident they believe to have been discriminatory. Should this occur in a timely fashion and according to proper procedure, the EEOC will then pursue mediation between the employee and employer before advancing the claim to an investigator once an employer has had an opportunity to respond in writing. The investigation itself may result in the employee receiving a Notice of Right to Sue once an employer has been notified of results, or there may be an attempt at settlement in the event that the claim is deemed meritorious.
Any company facing such a scenario without an in-house legal team of its own should immediately consult with an attorney.
Finding Legal Help When Discrimination Charges are Made
HKM Employment Attorneys, LLP combine a national pedigree with local expertise to assure our clients the most optimal representation and advice available. We represent interests in a professional and committed way while assuring a superior navigation and command of the law itself. To arrange an appointment in Las Vegas, simply place to call to 702-625-3893 or fill out our online contact form located here.
