Assembly Bill No. 311–Committee on Commerce and Labor

February 23, 1999

____________

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 610.010 is hereby amended to read as follows:

1-2 610.010 As used in this chapter, unless the context otherwise requires:

1-3 1. "Agreement" means a written and signed agreement of indenture as

1-4 an apprentice.

1-5 2. "Apprentice" means a person who is covered by a written

1-6 agreement, issued pursuant to a program with an employer, or with an

1-7 association of employers or an organization of employees acting as agent

1-8 for an employer.

1-9 3. "Disability" means, with respect to a person:

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

1-11 more of the major life activities of the person;

1-12 (b) A record of such an impairment; or

1-13 (c) Being regarded as having such an impairment.

1-14 4. "Program" means a program of training and instruction as an

1-15 apprentice in an occupation in which a person may be apprenticed.

1-16 5. "Sexual orientation" means having or being perceived as having

1-17 an orientation for heterosexuality, homosexuality or bisexuality.

2-1 Sec. 2. NRS 610.020 is hereby amended to read as follows:

2-2 610.020 The purposes of this chapter are:

2-3 1. To open to people, without regard to race, color, creed, sex, sexual

2-4 orientation, religion, disability or national origin, the opportunity to obtain

2-5 training that will equip them for profitable employment and citizenship.

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

2-7 voluntary training of persons under approved standards for apprenticeship,

2-8 providing facilities for their training and guidance in the arts and crafts of

2-9 industry and trade, with instruction in related and supplementary education.

2-10 3. To promote opportunities for employment for all persons, without

2-11 regard to race, color, creed, sex, sexual orientation, religion, disability or

2-12 national origin, under conditions providing adequate training and

2-13 reasonable earnings.

2-14 4. To regulate the supply of skilled workers in relation to the demand

2-15 for skilled workers.

2-16 5. To establish standards for the training of apprentices in approved

2-17 programs.

2-18 6. To establish a state apprenticeship council with the authority to carry

2-19 out the purposes of this chapter and provide for local joint apprenticeship

2-20 committees to assist in carrying out the purposes of this chapter.

2-21 7. To provide for a state director of apprenticeship.

2-22 8. To provide for reports to the legislature and to the public regarding

2-23 the status of the training of apprentices in the state.

2-24 9. To establish procedures for regulating programs and deciding

2-25 controversies concerning programs and agreements.

2-26 10. To accomplish related ends.

2-27 Sec. 3. NRS 610.150 is hereby amended to read as follows:

2-28 610.150 Every agreement entered into under this chapter must contain:

2-29 1. The names and signatures of the contracting parties and the

2-30 signature of a parent or legal guardian if the apprentice is a minor.

2-31 2. The date of birth of the apprentice.

2-32 3. The name and address of the sponsor of the program.

2-33 4. A statement of the trade or craft in which the apprentice is to be

2-34 trained, and the beginning date and expected duration of the apprenticeship.

2-35 5. A statement showing the number of hours to be spent by the

2-36 apprentice in work and the number of hours to be spent in related and

2-37 supplemental instruction, which instruction must not be less than 144 hours

2-38 per year.

2-39 6. A statement setting forth a schedule of the processes in the trade or

2-40 division of industry in which the apprentice is to be trained and the

2-41 approximate time to be spent at each process.

3-1 7. A statement of the graduated scale of wages to be paid the

3-2 apprentice and whether or not compensation is to be paid for the required

3-3 time in school.

3-4 8. Statements providing:

3-5 (a) For a specific period of probation during which the agreement may

3-6 be terminated by either party to the agreement upon written notice to the

3-7 state apprenticeship council; and

3-8 (b) That after the probationary period the agreement may be canceled at

3-9 the request of the apprentice, or suspended, canceled or terminated by the

3-10 sponsor for good cause, with due notice to the apprentice and a reasonable

3-11 opportunity for corrective action, and with written notice to the apprentice

3-12 and the state apprenticeship council of the final action taken.

3-13 9. A reference incorporating as part of the agreement the standards of

3-14 the program as it exists on the date of the agreement and as it may be

3-15 amended during the period of the agreement.

3-16 10. A statement that the apprentice will be accorded equal opportunity

3-17 in all phases of employment and training as an apprentice without

3-18 discrimination because of race, color, creed, sex, sexual orientation,

3-19 religion or disability.

3-20 11. A statement naming the state apprenticeship council as the

3-21 authority designated pursuant to NRS 610.180 to receive, process and

3-22 dispose of controversies or differences arising out of the agreement when

3-23 the controversies or differences cannot be adjusted locally or resolved in

3-24 accordance with the program or collective bargaining agreements.

3-25 12. Such additional terms and conditions as are prescribed or approved

3-26 by the state apprenticeship council not inconsistent with the provisions of

3-27 this chapter.

3-28 Sec. 4. NRS 610.185 is hereby amended to read as follows:

3-29 610.185 The state apprenticeship council shall suspend for 1 year the

3-30 right of any employer, association of employers or organization of

3-31 employees acting as agent for an employer to participate in a program

3-32 under the provisions of this chapter if the Nevada equal rights commission,

3-33 after notice and hearing, finds that the employer, association or

3-34 organization has discriminated against an apprentice because of race, color,

3-35 creed, sex, sexual orientation, religion, disability or national origin in

3-36 violation of this chapter.

3-37 Sec. 5. NRS 613.310 is hereby amended to read as follows:

3-38 613.310 As used in NRS 613.310 to 613.435, inclusive, unless the

3-39 context otherwise requires:

3-40 1. "Disability" means, with respect to a person:

3-41 (a) A physical or mental impairment that substantially limits one or

3-42 more of the major life activities of the person;

3-43 (b) A record of such an impairment; or

4-1 (c) Being regarded as having such an impairment.

4-2 2. "Employer" means any person who has 15 or more employees for

4-3 each working day in each of 20 or more calendar weeks in the current or

4-4 preceding calendar year, but does not include:

4-5 (a) The United States or any corporation wholly owned by the United

4-6 States.

4-7 (b) Any Indian tribe.

4-8 (c) Any private membership club exempt from taxation pursuant to

4-9 [section 501(c) of the Internal Revenue Code of 1954.] 26 U.S.C. § 501(c).

4-10 3. "Employment agency" means any person regularly undertaking with

4-11 or without compensation to procure employees for an employer or to

4-12 procure for employees opportunities to work for an employer, but does not

4-13 include any agency of the United States.

4-14 4. "Labor organization" means any organization of any kind, or any

4-15 agency or employee representation committee or plan, in which employees

4-16 participate and which exists for the purpose, in whole or in part, of dealing

4-17 with employers concerning grievances, labor disputes, wages, rates of pay,

4-18 hours of employment or other conditions of employment.

4-19 5. "Person" includes the State of Nevada and any of its political

4-20 subdivisions.

4-21 6. "Sexual orientation" means having or being perceived as having

4-22 an orientation for heterosexuality, homosexuality or bisexuality.

4-23 Sec. 6. NRS 613.320 is hereby amended to read as follows:

4-24 613.320 1. The provisions of NRS 613.310 to 613.435, inclusive, do

4-25 not apply to:

4-26 [1.] (a) Any employer with respect to employment outside this state.

4-27 [2.] (b) Any religious corporation, association or society with respect to

4-28 the employment of individuals of a particular religion to perform work

4-29 connected with the carrying on of its religious activities.

4-30 2. The provisions of NRS 613.310 to 613.435, inclusive, concerning

4-31 unlawful employment practices related to sexual orientation do not apply

4-32 to an organization that is exempt from taxation pursuant to 26 U.S.C. §

4-33 501(c)(3).

4-34 Sec. 7. NRS 613.330 is hereby amended to read as follows:

4-35 613.330 1. Except as otherwise provided in NRS 613.350, it is an

4-36 unlawful employment practice for an employer:

4-37 (a) To fail or refuse to hire or to discharge any person, or otherwise to

4-38 discriminate against any person with respect to his compensation, terms,

4-39 conditions or privileges of employment, because of his race, color, religion,

4-40 sex, sexual orientation, age, disability or national origin; or

4-41 (b) To limit, segregate or classify [employees in any] an employee in a

4-42 way which would deprive or tend to deprive [any person] him of

4-43 employment opportunities or otherwise adversely affect his status as an

5-1 employee, because of his race, color, religion, sex, sexual orientation, age,

5-2 disability or national origin.

5-3 2. It is an unlawful employment practice for an employment agency to

5-4 [fail] :

5-5 (a) Fail or refuse to refer for employment, or otherwise to discriminate

5-6 against, any person because of [his] the race, color, religion, sex, sexual

5-7 orientation, age, disability or national origin [, or to classify] of that

5-8 person; or

5-9 (b) Classify or refer for employment any person on the basis of [his] the

5-10 race, color, religion, sex, sexual orientation, age, disability or national

5-11 origin [.] of that person.

5-12 3. It is an unlawful employment practice for a labor organization:

5-13 (a) To exclude or to expel from its membership, or otherwise to

5-14 discriminate against, any person because of his race, color, religion, sex,

5-15 sexual orientation, age, disability or national origin;

5-16 (b) To limit, segregate or classify its membership, or to classify or fail or

5-17 refuse to refer for employment any person, in any way which would deprive

5-18 or tend to deprive him of employment opportunities, or would limit his

5-19 employment opportunities or otherwise adversely affect his status as an

5-20 employee or as an applicant for employment, because of his race, color,

5-21 religion, sex, sexual orientation, age, disability or national origin; or

5-22 (c) To cause or attempt to cause an employer to discriminate against any

5-23 person in violation of this section.

5-24 4. It is an unlawful employment practice for any employer, labor

5-25 organization or joint labor-management committee controlling

5-26 apprenticeship or other training or retraining, including , without

5-27 limitation, on-the-job training programs, to discriminate against any person

5-28 because of his race, color, religion, sex, sexual orientation, age, disability

5-29 or national origin in admission to, or employment in, any program

5-30 established to provide apprenticeship or other training.

5-31 5. It is an unlawful employment practice for any employer,

5-32 employment agency, labor organization or joint labor-management

5-33 committee to discriminate against [persons] a person with physical, aural

5-34 or visual disabilities by interfering, directly or indirectly, with the use of an

5-35 aid or appliance, including , without limitation, a guide dog, hearing dog,

5-36 helping dog or other service animal , by such a person.

5-37 6. It is an unlawful employment practice for an employer, directly or

5-38 indirectly, to refuse to permit an employee with a visual or aural disability

5-39 to keep his guide dog, hearing dog or other service animal with him at all

5-40 times in his place of employment.

5-41 7. For the purposes of this section, the terms "guide dog," "hearing

5-42 dog," "helping dog" and "service animal" have the meanings ascribed to

5-43 them respectively in NRS 426.075, 426.081, 426.083 and 426.097.

6-1 Sec. 8. NRS 613.340 is hereby amended to read as follows:

6-2 613.340 1. It is an unlawful employment practice for an employer to

6-3 discriminate against any of his employees or applicants for employment, for

6-4 an employment agency to discriminate against any person, or for a labor

6-5 organization to discriminate against any member thereof or applicant for

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

6-7 employment practice by NRS 613.310 to 613.435, inclusive, or because he

6-8 has made a charge, testified, assisted or participated in any manner in an

6-9 investigation, proceeding or hearing under NRS 613.310 to 613.435,

6-10 inclusive.

6-11 2. It is an unlawful employment practice for an employer, labor

6-12 organization or employment agency to print or publish or cause to be

6-13 printed or published any notice or advertisement relating to employment by

6-14 such an employer or membership in or any classification or referral for

6-15 employment by such a labor organization, or relating to any classification

6-16 or referral for employment by such an employment agency, indicating any

6-17 preference, limitation, specification or discrimination, based on race, color,

6-18 religion, sex, sexual orientation, age, disability or national origin, except

6-19 that such a notice or advertisement may indicate a preference, limitation,

6-20 specification or discrimination based on religion, sex, sexual orientation,

6-21 age, physical, mental or visual condition or national origin when religion,

6-22 sex, sexual orientation, age, physical, mental or visual condition or

6-23 national origin is a bona fide occupational qualification for employment.

6-24 Sec. 9. NRS 613.350 is hereby amended to read as follows:

6-25 613.350 1. It is not an unlawful employment practice for an employer

6-26 to hire and employ employees, for an employment agency to classify or

6-27 refer for employment any person, for a labor organization to classify its

6-28 membership or to classify or refer for employment any person, or for an

6-29 employer, labor organization or joint labor-management committee

6-30 controlling apprenticeship or other training or retraining programs to admit

6-31 or employ any person in any such program, on the basis of his religion, sex,

6-32 sexual orientation, age, disability or national origin in those instances

6-33 where religion, sex, sexual orientation, age, physical, mental or visual

6-34 condition or national origin is a bona fide occupational qualification

6-35 reasonably necessary to the normal operation of that particular business or

6-36 enterprise.

6-37 2. It is not an unlawful employment practice for an employer to fail or

6-38 refuse to hire and employ employees, for an employment agency to fail to

6-39 classify or refer any person for employment, for a labor organization to fail

6-40 to classify its membership or to fail to classify or refer any person for

6-41 employment, or for an employer, labor organization or joint labor-

6-42 management committee controlling apprenticeship or other training or

6-43 retraining programs to fail to admit or employ any person in any such

7-1 program, on the basis of his disability in those instances where physical,

7-2 mental or visual condition is a bona fide and relevant occupational

7-3 qualification necessary to the normal operation of that particular business

7-4 or enterprise, if it is shown that the particular disability would prevent

7-5 proper performance of the work for which the disabled person would

7-6 otherwise have been hired, classified, referred or prepared under a training

7-7 or retraining program.

7-8 3. It is not an unlawful employment practice for an employer to fail or

7-9 refuse to hire or to discharge a person, for an employment agency to fail to

7-10 classify or refer any person for employment, for a labor organization to fail

7-11 to classify its membership or to fail to classify or refer any person for

7-12 employment, or for an employer, labor organization or joint labor-

7-13 committee controlling apprenticeship or other training or retraining

7-14 programs to fail to admit or employ any person in any such program, on the

7-15 basis of his age if the person is less than 40 years of age.

7-16 4. It is not an unlawful employment practice for a school, college,

7-17 university or other educational institution or institution of learning to hire

7-18 and employ employees of a particular religion if the school or institution is,

7-19 in whole or in substantial part, owned, supported, controlled or managed by

7-20 a particular religion or by a particular religious corporation, association or

7-21 society, or if the curriculum of the school or institution is directed toward

7-22 the propagation of a particular religion.

7-23 5. It is not an unlawful employment practice for an employer to

7-24 observe the terms of any bona fide plan for employees’ benefits, such as a

7-25 retirement, pension or insurance plan, which is not a subterfuge to evade

7-26 the provisions of NRS 613.310 to 613.435, inclusive, as they relate to

7-27 discrimination against a person because of age, except that no such plan

7-28 excuses the failure to hire any person who is at least 40 years of age.

7-29 Sec. 10. NRS 613.380 is hereby amended to read as follows:

7-30 613.380 Notwithstanding any other provision of NRS 613.310 to

7-31 613.435, inclusive, it is not an unlawful employment practice for an

7-32 employer to apply different standards of compensation, or different terms,

7-33 conditions or privileges of employment pursuant to a bona fide seniority or

7-34 merit system, or a system which measures earnings by quantity or quality of

7-35 production or to employees who work in different locations, if those

7-36 differences are not the result of an intention to discriminate because of race,

7-37 color, religion, sex, sexual orientation, age, disability or national origin,

7-38 nor is it an unlawful employment practice for an employer to give and to

7-39 act upon the results of any professionally developed ability test, if the test,

7-40 its administration or action upon the results is not designed, intended or

7-41 used to discriminate because of race, color, religion, sex, sexual

7-42 orientation, age, disability or national origin.

8-1 Sec. 11. NRS 613.400 is hereby amended to read as follows:

8-2 613.400 Nothing contained in NRS 613.310 to 613.435, inclusive,

8-3 requires any employer, employment agency, labor organization or joint

8-4 labor-management committee subject to NRS 613.310 to 613.435,

8-5 inclusive, to grant preferential treatment to any person or to any group

8-6 because of the race, color, religion, sex, sexual orientation, age, disability

8-7 or national origin of the individual or group on account of an imbalance

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

8-9 any race, color, religion, sex, sexual orientation, age, disability or national

8-10 origin employed by any employer, referred or classified for employment by

8-11 any employment agency or labor organization, admitted to membership or

8-12 classified by any labor organization, or admitted to, or employed in, any

8-13 apprenticeship or other training program, in comparison with the total

8-14 number or percentage of persons of that race, color, religion, sex, sexual

8-15 orientation, age, disability or national origin in any community, section or

8-16 other area, or in the available work force in any community, section or

8-17 other area.

8-18 Sec. 12. NRS 613.405 is hereby amended to read as follows:

8-19 613.405 Any person injured by an unlawful employment practice

8-20 within the scope of NRS 613.310 to 613.435, inclusive, may file a

8-21 complaint to that effect with the Nevada equal rights commission if the

8-22 complaint is based on discrimination because of race, color, sex, sexual

8-23 orientation, age, disability, religion or national origin.

8-24 Sec. 13. NRS 281.370 is hereby amended to read as follows:

8-25 281.370 1. All personnel actions taken by state, county or municipal

8-26 departments, housing authorities, agencies, boards or appointing officers

8-27 thereof must be based solely on merit and fitness.

8-28 2. State, county or municipal departments, housing authorities,

8-29 agencies, boards or appointing officers thereof shall not refuse to hire a

8-30 person, discharge or bar any person from employment or discriminate

8-31 against any person in compensation or in other terms or conditions of

8-32 employment because of his race, creed, color, national origin, sex, sexual

8-33 orientation, age, political affiliation or disability, except when based upon

8-34 a bona fide occupational qualification.

8-35 3. As used in this section [, "disability"] :

8-36 (a) "Disability" means, with respect to a person:

8-37 [(a)] (1) A physical or mental impairment that substantially limits one or

8-38 more of the major life activities of the person;

8-39 [(b)] (2) A record of such an impairment; or

8-40 [(c)] (3) Being regarded as having such an impairment.

8-41 (b) "Sexual orientation" means having or being perceived as having

8-42 an orientation for heterosexuality, homosexuality or bisexuality.

9-1 Sec. 14. NRS 338.125 is hereby amended to read as follows:

9-2 338.125 1. It is unlawful for any contractor in connection with the

9-3 performance of work under a contract with the state, or any of its political

9-4 subdivisions, when payment of the contract price, or any part of such

9-5 payment, is to be made from public [funds,] money, to refuse to employ or

9-6 to discharge from employment any person because of his race, color, creed,

9-7 national origin, sex , sexual orientation or age, or to discriminate against a

9-8 person with respect to hire, tenure, advancement, compensation or other

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

9-10 color, national origin, sex , sexual orientation or age.

9-11 2. Contracts negotiated between contractors and the state, or any of its

9-12 political subdivisions, [shall] must contain the following contractual

9-13 provisions:

9-14 In connection with the performance of work under this contract, the

9-15 contractor agrees not to discriminate against any employee or

9-16 applicant for employment because of race, creed, color, national

9-17 origin, sex , sexual orientation or age [. Such agreement shall include,

9-18 but not be limited to, the following: Employment,] , including,

9-19 without limitation, with regard to employment, upgrading, demotion

9-20 or transfer, recruitment or recruitment advertising, layoff or

9-21 termination, rates of pay or other forms of compensation, and selection

9-22 for training, including , without limitation, apprenticeship.

9-23 The contractor further agrees to insert this provision in all

9-24 subcontracts hereunder, except subcontracts for standard commercial

9-25 supplies or raw materials.

9-26 3. Any violation of such provision by a contractor [shall constitute]

9-27 constitutes a material breach of contract.

9-28 4. As used in this section, "sexual orientation" means having or

9-29 being perceived as having an orientation for heterosexuality,

9-30 homosexuality or bisexuality.

9-31 Sec. 15. The amendatory provisions of this act do not apply to

9-32 offenses that were committed before October 1, 1999.

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