The Nevada Fair Employment Practices (FEP) Act prohibits employment practices that discriminate on the basis of disability. The law covers employers with 15 or more employees for 20 or more weeks in the current or preceding calendar year (NV Rev. Stat. Sec. 613.310 et seq.). The federal Americans with Disabilities Act (ADA) also covers employers with 15 or more employees.
Tip: Employers with 15 or more employees should stay within the guidelines of the ADA and follow any state laws that provide additional protection to the employee.
The term “disability” means (NV Rev. Stat. Sec. 613.310):
• A physical or mental impairment that substantially limits one or more major life activities, including, without limitation, being infected with the human immunodeficiency virus (HIV)
• A record of such an impairment
• Being regarded by others as having such an impairment
Substance abuse. Alcohol dependency and illegal drug use are not considered protected disabilities under state law.
Genetic test results. Employers are prohibited from discrimination against applicants or employees based on genetic test results (NV Rev. Stat. Sec. 613.345).
The federal Genetic Information Nondiscrimination Act (GINA) prohibits employers from discriminating against employees or applicants on the basis of genetic information about employees, applicants, or their family members. GINA applies to all public employers, private employers with 15 or more employees, employment agencies, and labor organizations. Detailed information is available.