Nevada Selection and Testing: What you need to know

The Nevada Fair Employment Practices Act prohibits employment discrimination based on race, color, religion, sex, sexual orientation, age (40 years and older), disability, national origin, or gender identity unless such factors constitute a bona fide occupational qualification (BFOQ), i.e., is necessary in order to perform the job in question. In addition, employers are prohibited from printing or publishing job notices or advertisements indicating a discriminatory preference, limitation, or specification, unless such discrimination is a BFOQ. Employers with 15 or more employees are covered by the law (NV Rev. Stat. Sec. 613.310 et seq.).
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The law also specifically prohibits employers from discriminating against employees based on a disability that requires the use of an aid or appliance, including the use of a service animal (NV Rev. Stat. Sec. 613.330(5)-(7)).
Employers may administer professionally developed aptitude tests and other selection devices if they are not designed, intended, or used to discriminate against a protected individual or class of individuals (NV Rev. Stat. Sec. 613.380). There is additional information.
State employers may conduct physical and medical examinations but should be sure to comply with the Americans with Disabilities Act (ADA), which allows employers to conduct medical examinations after a conditional offer of employment is made as long as the examination is required of all prospective employees for the position. A job offer may be conditioned on the results of a medical examination, but if an employer withdraws an offer based on medical information, it must show that the reason is job related ...

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