Protected classes. Nevada's antidiscrimination statutes prohibit employment practices that discriminate based on 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 (Nev. Rev. Stat. § 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 term “race” includes physical characteristics that are historically associated with race, including natural hair, hair texture, hair type, and protective hairstyles. “Protective hairstyle” means a hairstyle, hair color, or manner of wearing hair that includes, but is not limited to braids, regardless of whether the braids are created with extensions or styled with adornments, locs, and twists (Nev. S.B. 327 (2021)).
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.
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 ...