Nevada AIDS and Disease laws & HR compliance analysis

Nevada AIDS and Disease: What you need to know

The Nevada Fair Employment Practices Act prohibits employment discrimination on the basis of actual or perceived disability (NV Rev. Stat. Sec. 613.310 et seq.). The law applies to employers with 15 or more employees, and to labor unions and employment agencies. Nonprofit private clubs, the United States, and Native American tribes are excluded from the definition of "employer."
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“Disability” defined. “Disability” is defined as any physical or mental impairment that substantially limits a major life activity, a record of such an impairment, or being regarded by others as having such an impairment. The phrase "impairment that substantially limits a major life activity" has been amended to expressly include, without limitation, being infected with the human immunodeficiency virus (HIV).
Employers may refuse to hire an individual with a disability if:
• A bona fide and relevant occupational qualification exception applies; and
• It can be shown that the particular disability would prevent performance of the work for which the person with a disability would have been hired.
The United States Supreme Court has held that a person with asymptomatic HIV has a disability and is protected by the ADA (Bragdon v. Abbott, 524 US 624 (1998)). In addition, state law expressly includes HIV infection as a disability. Therefore, under state and federal law, AIDS should be considered a disability, and employees and applicants with AIDS should be afforded the full protection of the law, such as reasonable accommodation.
Some states have comprehensive laws that specifically regulate or prohibit testing job applicants or employees for AIDS, but Nevada does not have ...

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