Nevada Application Forms: What you need to know

The Nevada Fair Employment Practices Act makes it unlawful for an employer to discriminate against any person seeking employment based on the individual's race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, national origin, or lawful use of any product outside the workplace (NV Rev. Stat. Sec. 613.330 and Sec. 613.333).
Employers are also prohibited from banning the use of an aid, appliance, or service animal in the workplace by a person with a disability. The Act also prohibits genetic testing as a condition of employment (NV Rev. Stat. Sec. 613.345).
There are no specific prohibitions about asking for such information on an application form. However, soliciting information about a protected characteristic may be interpreted as evidence of unlawful discrimination. The Act covers employers with 15 or more employees (NV Rev. Stat. Sec. 613.310.2).
Retaliation prohibited. It is unlawful for an employer to discriminate against an applicant because the person has opposed an unlawful discriminatory practice, made a charge, testified, or assisted or participated in any manner in an investigation, proceeding, or hearing under the Act (NV Rev. Stat. Sec. 613.340).
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Employers are allowed to ask questions about a protected characteristic if a BFOQ exception applies (NV Rev. Stat. Sec. 613.350). The BFOQ exception allows an employer to make an employment inquiry about a protected characteristic if it is reasonably necessary to the normal operation of the employer's business and there is no less intrusive way to ensure that the applicant will be able to perform the essential functions of the job in question.
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