Assembly Bill No. 311–Committee on Commerce and Labor

February 23, 1999

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Referred to Committee on Commerce and Labor

 

SUMMARY—Revises provisions governing employment practices of certain employers to prohibit discrimination based upon sexual orientation. (BDR 53-1625)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to employment practices; revising the provisions governing the employment practices of certain employers to prohibit discrimination based upon sexual orientation; providing a penalty; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 610.020 is hereby amended to read as follows:

1-2 610.020 The purposes of this chapter are:

1-3 1. To open to people, without regard to race, color, creed, sex, sexual

1-4 orientation, religion, disability or national origin, the opportunity to obtain

1-5 training that will equip them for profitable employment and citizenship.

1-6 2. To establish, as a means to this end, an organized program for the

1-7 voluntary training of persons under approved standards for apprenticeship,

1-8 providing facilities for their training and guidance in the arts and crafts of

1-9 industry and trade, with instruction in related and supplementary

1-10 education.

1-11 3. To promote opportunities for employment for all persons, without

1-12 regard to race, color, creed, sex, sexual orientation, religion, disability or

1-13 national origin, under conditions providing adequate training and

1-14 reasonable earnings.

1-15 4. To regulate the supply of skilled workers in relation to the demand

1-16 for skilled workers.

1-17 5. To establish standards for the training of apprentices in approved

1-18 programs.

2-1 6. To establish a state apprenticeship council with the authority to

2-2 carry out the purposes of this chapter and provide for local joint

2-3 apprenticeship committees to assist in carrying out the purposes of this

2-4 chapter.

2-5 7. To provide for a state director of apprenticeship.

2-6 8. To provide for reports to the legislature and to the public regarding

2-7 the status of the training of apprentices in the state.

2-8 9. To establish procedures for regulating programs and deciding

2-9 controversies concerning programs and agreements.

2-10 10. To accomplish related ends.

2-11 Sec. 2. NRS 610.150 is hereby amended to read as follows:

2-12 610.150 Every agreement entered into under this chapter must contain:

2-13 1. The names and signatures of the contracting parties and the

2-14 signature of a parent or legal guardian if the apprentice is a minor.

2-15 2. The date of birth of the apprentice.

2-16 3. The name and address of the sponsor of the program.

2-17 4. A statement of the trade or craft in which the apprentice is to be

2-18 trained, and the beginning date and expected duration of the

2-19 apprenticeship.

2-20 5. A statement showing the number of hours to be spent by the

2-21 apprentice in work and the number of hours to be spent in related and

2-22 supplemental instruction, which instruction must not be less than 144 hours

2-23 per year.

2-24 6. A statement setting forth a schedule of the processes in the trade or

2-25 division of industry in which the apprentice is to be trained and the

2-26 approximate time to be spent at each process.

2-27 7. A statement of the graduated scale of wages to be paid the

2-28 apprentice and whether or not compensation is to be paid for the required

2-29 time in school.

2-30 8. Statements providing:

2-31 (a) For a specific period of probation during which the agreement may

2-32 be terminated by either party to the agreement upon written notice to the

2-33 state apprenticeship council; and

2-34 (b) That after the probationary period the agreement may be canceled at

2-35 the request of the apprentice, or suspended, canceled or terminated by the

2-36 sponsor for good cause, with due notice to the apprentice and a reasonable

2-37 opportunity for corrective action, and with written notice to the apprentice

2-38 and the state apprenticeship council of the final action taken.

2-39 9. A reference incorporating as part of the agreement the standards of

2-40 the program as it exists on the date of the agreement and as it may be

2-41 amended during the period of the agreement.

2-42 10. A statement that the apprentice will be accorded equal opportunity

2-43 in all phases of employment and training as an apprentice without

3-1 discrimination because of race, color, creed, sex, sexual orientation,

3-2 religion or disability.

3-3 11. A statement naming the state apprenticeship council as the

3-4 authority designated pursuant to NRS 610.180 to receive, process and

3-5 dispose of controversies or differences arising out of the agreement when

3-6 the controversies or differences cannot be adjusted locally or resolved in

3-7 accordance with the program or collective bargaining agreements.

3-8 12. Such additional terms and conditions as are prescribed or approved

3-9 by the state apprenticeship council not inconsistent with the provisions of

3-10 this chapter.

3-11 Sec. 3. NRS 610.185 is hereby amended to read as follows:

3-12 610.185 The state apprenticeship council shall suspend for 1 year the

3-13 right of any employer, association of employers or organization of

3-14 employees acting as agent for an employer to participate in a program

3-15 under the provisions of this chapter if the Nevada equal rights commission,

3-16 after notice and hearing, finds that the employer, association or

3-17 organization has discriminated against an apprentice because of race, color,

3-18 creed, sex, sexual orientation, religion, disability or national origin in

3-19 violation of this chapter.

3-20 Sec. 4. NRS 613.310 is hereby amended to read as follows:

3-21 613.310 As used in NRS 613.310 to 613.435, inclusive, unless the

3-22 context otherwise requires:

3-23 1. "Disability" means, with respect to a person:

3-24 (a) A physical or mental impairment that substantially limits one or

3-25 more of the major life activities of the person;

3-26 (b) A record of such an impairment; or

3-27 (c) Being regarded as having such an impairment.

3-28 2. "Employer" means any person who has 15 or more employees for

3-29 each working day in each of 20 or more calendar weeks in the current or

3-30 preceding calendar year, but does not include:

3-31 (a) The United States or any corporation wholly owned by the United

3-32 States.

3-33 (b) Any Indian tribe.

3-34 (c) Any private membership club exempt from taxation pursuant to

3-35 section 501(c) of the Internal Revenue Code of [1954.] 1986.

3-36 3. "Employment agency" means any person regularly undertaking

3-37 with or without compensation to procure employees for an employer or to

3-38 procure for employees opportunities to work for an employer, but does not

3-39 include any agency of the United States.

3-40 4. "Labor organization" means any organization of any kind, or any

3-41 agency or employee representation committee or plan, in which employees

3-42 participate and which exists for the purpose, in whole or in part, of dealing

4-1 with employers concerning grievances, labor disputes, wages, rates of pay,

4-2 hours of employment or other conditions of employment.

4-3 5. "Person" includes the State of Nevada and any of its political

4-4 subdivisions.

4-5 6. "Sexual orientation" means having or being perceived as having

4-6 an orientation for heterosexuality, homosexuality or bisexuality.

4-7 Sec. 5. NRS 613.330 is hereby amended to read as follows:

4-8 613.330 1. Except as otherwise provided in NRS 613.350, it is an

4-9 unlawful employment practice for an employer:

4-10 (a) To fail or refuse to hire or to discharge any person, or otherwise to

4-11 discriminate against any person with respect to his compensation, terms,

4-12 conditions or privileges of employment, because of his race, color,

4-13 religion, sex, sexual orientation, age, disability or national origin; or

4-14 (b) To limit, segregate or classify [employees in any] an employee in a

4-15 way which would deprive or tend to deprive [any person] him of

4-16 employment opportunities or otherwise adversely affect his status as an

4-17 employee, because of his race, color, religion, sex, sexual orientation, age,

4-18 disability or national origin.

4-19 2. It is an unlawful employment practice for an employment agency to

4-20 [fail] :

4-21 (a) Fail or refuse to refer for employment, or otherwise to discriminate

4-22 against, any person because of [his] the race, color, religion, sex, sexual

4-23 orientation, age, disability or national origin [, or to classify] of that

4-24 person; or

4-25 (b) Classify or refer for employment any person on the basis of [his] the

4-26 race, color, religion, sex, sexual orientation, age, disability or national

4-27 origin [.] of that person.

4-28 3. It is an unlawful employment practice for a labor organization:

4-29 (a) To exclude or to expel from its membership, or otherwise to

4-30 discriminate against, any person because of his race, color, religion, sex,

4-31 sexual orientation, age, disability or national origin;

4-32 (b) To limit, segregate or classify its membership, or to classify or fail

4-33 or refuse to refer for employment any person, in any way which would

4-34 deprive or tend to deprive him of employment opportunities, or would

4-35 limit his employment opportunities or otherwise adversely affect his status

4-36 as an employee or as an applicant for employment, because of his race,

4-37 color, religion, sex, sexual orientation, age, disability or national origin; or

4-38 (c) To cause or attempt to cause an employer to discriminate against

4-39 any person in violation of this section.

4-40 4. It is an unlawful employment practice for any employer, labor

4-41 organization or joint labor-management committee controlling

4-42 apprenticeship or other training or retraining, including , without

4-43 limitation, on-the-job training programs, to discriminate against any

5-1 person

6-1 because of his race, color, religion, sex, sexual orientation, age, disability

6-2 or national origin in admission to, or employment in, any program

6-3 established to provide apprenticeship or other training.

6-4 5. It is an unlawful employment practice for any employer,

6-5 employment agency, labor organization or joint labor-management

6-6 committee to discriminate against [persons] a person with physical, aural

6-7 or visual disabilities by interfering, directly or indirectly, with the use of an

6-8 aid or appliance, including , without limitation, a guide dog, hearing dog,

6-9 helping dog or other service animal , by such a person.

6-10 6. It is an unlawful employment practice for an employer, directly or

6-11 indirectly, to refuse to permit an employee with a visual or aural disability

6-12 to keep his guide dog, hearing dog or other service animal with him at all

6-13 times in his place of employment.

6-14 7. For the purposes of this section, the terms "guide dog," "hearing

6-15 dog," "helping dog" and "service animal" have the meanings ascribed to

6-16 them respectively in NRS 426.075, 426.081, 426.083 and 426.097.

6-17 Sec. 6. NRS 613.340 is hereby amended to read as follows:

6-18 613.340 1. It is an unlawful employment practice for an employer to

6-19 discriminate against any of his employees or applicants for employment,

6-20 for an employment agency to discriminate against any person, or for a

6-21 labor organization to discriminate against any member thereof or applicant

6-22 for membership, because he has opposed any practice made an unlawful

6-23 employment practice by NRS 613.310 to 613.435, inclusive, or because he

6-24 has made a charge, testified, assisted or participated in any manner in an

6-25 investigation, proceeding or hearing under NRS 613.310 to 613.435,

6-26 inclusive.

6-27 2. It is an unlawful employment practice for an employer, labor

6-28 organization or employment agency to print or publish or cause to be

6-29 printed or published any notice or advertisement relating to employment

6-30 by such an employer or membership in or any classification or referral for

6-31 employment by such a labor organization, or relating to any classification

6-32 or referral for employment by such an employment agency, indicating any

6-33 preference, limitation, specification or discrimination, based on race, color,

6-34 religion, sex, sexual orientation, age, disability or national origin, except

6-35 that such a notice or advertisement may indicate a preference, limitation,

6-36 specification or discrimination based on religion, sex, sexual orientation,

6-37 age, physical, mental or visual condition or national origin when religion,

6-38 sex, sexual orientation, age, physical, mental or visual condition or

6-39 national origin is a bona fide occupational qualification for employment.

6-40 Sec. 7. NRS 613.350 is hereby amended to read as follows:

6-41 613.350 1. It is not an unlawful employment practice for an

6-42 employer to hire and employ employees, for an employment agency to

6-43 classify or refer for employment any person, for a labor organization to

7-1 classify its membership or to classify or refer for employment any person,

7-2 or for an employer, labor organization or joint labor-management

7-3 committee controlling apprenticeship or other training or retraining

7-4 programs to admit or employ any person in any such program, on the basis

7-5 of his religion, sex, sexual orientation, age, disability or national origin in

7-6 those instances where religion, sex, sexual orientation, age, physical,

7-7 mental or visual condition or national origin is a bona fide occupational

7-8 qualification reasonably necessary to the normal operation of that

7-9 particular business or enterprise.

7-10 2. It is not an unlawful employment practice for an employer to fail or

7-11 refuse to hire and employ employees, for an employment agency to fail to

7-12 classify or refer any person for employment, for a labor organization to fail

7-13 to classify its membership or to fail to classify or refer any person for

7-14 employment, or for an employer, labor organization or joint labor-

7-15 management committee controlling apprenticeship or other training or

7-16 retraining programs to fail to admit or employ any person in any such

7-17 program, on the basis of his disability in those instances where physical,

7-18 mental or visual condition is a bona fide and relevant occupational

7-19 qualification necessary to the normal operation of that particular business

7-20 or enterprise, if it is shown that the particular disability would prevent

7-21 proper performance of the work for which the disabled person would

7-22 otherwise have been hired, classified, referred or prepared under a training

7-23 or retraining program.

7-24 3. It is not an unlawful employment practice for an employer to fail or

7-25 refuse to hire or to discharge a person, for an employment agency to fail to

7-26 classify or refer any person for employment, for a labor organization to fail

7-27 to classify its membership or to fail to classify or refer any person for

7-28 employment, or for an employer, labor organization or joint labor-

7-29 committee controlling apprenticeship or other training or retraining

7-30 programs to fail to admit or employ any person in any such program, on

7-31 the basis of his age if the person is less than 40 years of age.

7-32 4. It is not an unlawful employment practice for a school, college,

7-33 university or other educational institution or institution of learning to hire

7-34 and employ employees of a particular religion if the school or institution is,

7-35 in whole or in substantial part, owned, supported, controlled or managed

7-36 by a particular religion or by a particular religious corporation, association

7-37 or society, or if the curriculum of the school or institution is directed

7-38 toward the propagation of a particular religion.

7-39 5. It is not an unlawful employment practice for an employer to

7-40 observe the terms of any bona fide plan for employees’ benefits, such as a

7-41 retirement, pension or insurance plan, which is not a subterfuge to evade

7-42 the provisions of NRS 613.310 to 613.435, inclusive, as they relate to

8-1 discrimination against a person because of age, except that no such plan

8-2 excuses the failure to hire any person who is at least 40 years of age.

8-3 Sec. 8. NRS 613.380 is hereby amended to read as follows:

8-4 613.380 Notwithstanding any other provision of NRS 613.310 to

8-5 613.435, inclusive, it is not an unlawful employment practice for an

8-6 employer to apply different standards of compensation, or different terms,

8-7 conditions or privileges of employment pursuant to a bona fide seniority or

8-8 merit system, or a system which measures earnings by quantity or quality

8-9 of production or to employees who work in different locations, if those

8-10 differences are not the result of an intention to discriminate because of

8-11 race, color, religion, sex, sexual orientation, age, disability or national

8-12 origin, nor is it an unlawful employment practice for an employer to give

8-13 and to act upon the results of any professionally developed ability test, if

8-14 the test, its administration or action upon the results is not designed,

8-15 intended or used to discriminate because of race, color, religion, sex,

8-16 sexual orientation, age, disability or national origin.

8-17 Sec. 9. NRS 613.400 is hereby amended to read as follows:

8-18 613.400 Nothing contained in NRS 613.310 to 613.435, inclusive,

8-19 requires any employer, employment agency, labor organization or joint

8-20 labor-management committee subject to NRS 613.310 to 613.435,

8-21 inclusive, to grant preferential treatment to any person or to any group

8-22 because of the race, color, religion, sex, sexual orientation, age, disability

8-23 or national origin of the individual or group on account of an imbalance

8-24 which exists with respect to the total number or percentage of persons of

8-25 any race, color, religion, sex, sexual orientation, age, disability or national

8-26 origin employed by any employer, referred or classified for employment

8-27 by any employment agency or labor organization, admitted to membership

8-28 or classified by any labor organization, or admitted to, or employed in, any

8-29 apprenticeship or other training program, in comparison with the total

8-30 number or percentage of persons of that race, color, religion, sex, sexual

8-31 orientation, age, disability or national origin in any community, section or

8-32 other area, or in the available work force in any community, section or

8-33 other area.

8-34 Sec. 10. NRS 613.405 is hereby amended to read as follows:

8-35 613.405 Any person injured by an unlawful employment practice

8-36 within the scope of NRS 613.310 to 613.435, inclusive, may file a

8-37 complaint to that effect with the Nevada equal rights commission if the

8-38 complaint is based on discrimination because of race, color, sex, sexual

8-39 orientation, age, disability, religion or national origin.

8-40 Sec. 11. NRS 281.370 is hereby amended to read as follows:

8-41 281.370 1. All personnel actions taken by state, county or municipal

8-42 departments, housing authorities, agencies, boards or appointing officers

8-43 thereof must be based solely on merit and fitness.

9-1 2. State, county or municipal departments, housing authorities,

9-2 agencies, boards or appointing officers thereof shall not refuse to hire a

9-3 person, discharge or bar any person from employment or discriminate

9-4 against any person in compensation or in other terms or conditions of

9-5 employment because of his race, creed, color, national origin, sex, sexual

9-6 orientation, age, political affiliation or disability, except when based upon

9-7 a bona fide occupational qualification.

9-8 3. As used in this section [, "disability"] :

9-9 (a) "Disability" means, with respect to a person:

9-10 [(a)] (1) A physical or mental impairment that substantially limits one

9-11 or more of the major life activities of the person;

9-12 [(b)] (2) A record of such an impairment; or

9-13 [(c)] (3) Being regarded as having such an impairment.

9-14 (b) "Sexual orientation" means having or being perceived as having

9-15 an orientation for heterosexuality, homosexuality or bisexuality.

9-16 Sec. 12. NRS 338.125 is hereby amended to read as follows:

9-17 338.125 1. It is unlawful for any contractor in connection with the

9-18 performance of work under a contract with the state, or any of its political

9-19 subdivisions, when payment of the contract price, or any part of such

9-20 payment, is to be made from public [funds,] money, to refuse to employ or

9-21 to discharge from employment any person because of his race, color,

9-22 creed, national origin, sex , sexual orientation or age, or to discriminate

9-23 against a person with respect to hire, tenure, advancement, compensation

9-24 or other terms, conditions or privileges of employment because of his race,

9-25 creed, color, national origin, sex , sexual orientation or age.

9-26 2. Contracts negotiated between contractors and the state, or any of its

9-27 political subdivisions, [shall] must contain the following contractual

9-28 provisions:

9-29 In connection with the performance of work under this contract,

9-30 the contractor agrees not to discriminate against any employee or

9-31 applicant for employment because of race, creed, color, national

9-32 origin, sex , sexual orientation or age [. Such agreement shall

9-33 include, but not be limited to, the following: Employment,] ,

9-34 including, without limitation, with regard to employment,

9-35 upgrading, demotion or transfer, recruitment or recruitment

9-36 advertising, layoff or termination, rates of pay or other forms of

9-37 compensation, and selection for training, including , without

9-38 limitation, apprenticeship.

9-39 The contractor further agrees to insert this provision in all

9-40 subcontracts hereunder, except subcontracts for standard

9-41 commercial supplies or raw materials.

10-1 3. Any violation of such provision by a contractor [shall constitute]

10-2 constitutes a material breach of contract.

10-3 Sec. 13. The amendatory provisions of this act do not apply to

10-4 offenses that were committed before October 1, 1999.

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