The Nevada Fair Employment Practices Act prohibits discrimination in employment on the basis of age against individuals 40 years of age or older (NV Rev. Stat. Sec. 613.310 et seq.). The law applies to employers with 15 or more employees. Under the law, it is unlawful to:
• Fail or refuse to hire or to discharge any person, or to discriminate against any person with respect to compensation, terms, conditions, or privileges of employment, because of age.
• Limit, segregate, or classify employees in any way that would deprive any person of employment opportunities or otherwise adversely affect status as an employee, because of age.
• Discriminate against any person because of age, in admission to, or employment in, any program established to provide apprenticeship or other training.
• Print or publish any advertisement for employment indicating any preference, limitation, specification, or discrimination based on age, unless based on a bona fide occupational qualification (BFOQ).
• Discriminate against any individual because he or she has opposed an unlawful employment practice, or has made a charge, testified, assisted, or participated in an investigation, proceeding, or hearing under the law.
Knowledge of projected retirement dates. The 9th Circuit Court of Appeals has ruled that an employer's knowledge of employees' projected retirement dates when making a promotion decision constituted direct evidence of age discrimination (Shelley v. Geren, 666 F.3d 599 (9th Cir. 2012)). The employee who brought the age discrimination claim was not even selected to be interviewed despite the fact that he had many more years of relevant experience than the youngest candidate, who was ultimately hired. During the ...