Nevada Age Discrimination laws & HR compliance analysis

Nevada Age Discrimination: What you need to know

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:
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• 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.
Federal law. The federal Age Discrimination in Employment Act (ADEA) prohibits employment discrimination based on age, but applies to private employers with 20 or more employees. Under a ruling by the 9th Circuit Court of Appeals (whose decisions apply to employers in Nevada), the ADEA applies to all public employers, regardless of size (Guido v. Mount Lemmon Fire Dist., 859 F.3d 1168 (9th Cir. 2017)). Other circuit courts have held that public employers, like private employers, must have 20 or more employees to be ...

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