Nevada Pre-Employment Inquiries (Interviewing) laws & HR compliance analysis

Nevada Pre-Employment Inquiries (Interviewing): What you need to know

Nevada's antidiscrimination statutes prohibit employment practices that discriminate on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, national origin, or lawful use of any product outside the workplace during nonworking hours (NV Rev. Stat. Sec. 613.310 et seq.). The law also prohibits employers from discriminating against an applicant who has opposed an unlawful employment practice, or made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under the Act. Employers with 15 or more employees are covered under the law.
The law does not specifically prohibit an employer from making preemployment inquiries about protected characteristics. However, because such inquiries may deter individuals from applying for employment or may otherwise indicate possible intent to discriminate, the Nevada Equal Rights Commission has indicated that it will closely scrutinize such requests for information to make sure that the inquiry was made for a lawful purpose, rather than for a discriminatory one.
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Preemployment inquiry guide. Nevada's Equal Rights Commission has prepared a Guide to Pre-Employment Inquiries, which contains a discussion of state law requirements on preemployment inquiries, together with a listing of impermissible inquiries and acceptable alternatives. Information on obtaining a copy of the guide is available on the Commission's website at http://www.detr.state.nv.us.
Bona fide occupational qualification (BFOQ) exception. An employer may make an employment inquiry about one of the preceding characteristics only if it is reasonably necessary to the normal operation of the employer's ...

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