Assembly Bill No. 194–Assemblymen Arberry,

Giunchigliani and Williams

 

February 19, 2001

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Referred to Committee on Commerce and Labor

 

SUMMARY—Broadens applicability of laws relating to unlawful employment practices. (BDR 53‑707)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to unlawful employment practices; reducing the minimum number of employees that an employer must have to be subject to the provisions prohibiting unlawful employment practices; extending the period of limitation for bringing certain actions in district court; 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 613.310 is hereby amended to read as follows:

1-2    613.310  As used in NRS 613.310 to 613.435, inclusive, unless the

1-3  context otherwise requires:

1-4    1.  “Disability” means, with respect to a person:

1-5    (a) A physical or mental impairment that substantially limits one or

1-6  more of the major life activities of the person;

1-7    (b) A record of such an impairment; or

1-8    (c) Being regarded as having such an impairment.

1-9    2.  “Employer” means any person who has [15] 5 or more employees

1-10  for each working day in each of 20 or more calendar weeks in the current

1-11  or preceding calendar year, but does not include:

1-12    (a) The United States or any corporation wholly owned by the United

1-13  States.

1-14    (b) Any Indian tribe.

1-15    (c) Any private membership club exempt from taxation pursuant to 26

1-16  U.S.C. § 501(c).

1-17    3.  “Employment agency” means any person regularly undertaking with

1-18  or without compensation to procure employees for an employer or to

1-19  procure for employees opportunities to work for an employer, but does not

1-20  include any agency of the United States.

2-1    4.  “Labor organization” means any organization of any kind, or any

2-2  agency or employee representation committee or plan, in which employees

2-3  participate and which exists for the purpose, in whole or in part, of dealing

2-4  with employers concerning grievances, labor disputes, wages, rates of pay,

2-5  hours of employment or other conditions of employment.

2-6    5.  “Person” includes the State of Nevada and any of its political

2-7  subdivisions.

2-8    6.  “Sexual orientation” means having or being perceived as having an

2-9  orientation for heterosexuality, homosexuality or bisexuality.

2-10    Sec. 2.  NRS 613.430 is hereby amended to read as follows:

2-11    613.430  No action authorized by NRS 613.420 may be brought more

2-12  than [180 days] 1 year after the date of the act complained of. When a

2-13  complaint is filed with the Nevada equal rights commission , the limitation

2-14  provided by this section is tolled as to any action authorized by NRS

2-15  613.420 during the pendency of the complaint before the commission.

2-16    Sec. 3.  This act becomes effective on July 1, 2001.

 

2-17  H