Senate Bill No. 23–Senator Carlton (By Request)

Prefiled January 19, 2001

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Referred to Committee on Commerce and Labor

SUMMARY—Revises provisions governing discrimination against employees who have certain medical conditions. (BDR 53‑897)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State: Yes.

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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; prohibiting employers from discriminating against employees who have certain medical conditions; 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. Chapter 613 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 1. An employer who requires an employee to comply with a dress

1-4 code adopted by the employer or to dress in a manner specified by the

1-5 employer as a condition of maintaining the employee’s position of

1-6 employment shall not, during any period set forth in a written notice

1-7 submitted to the employer pursuant to the provisions of subsection 2,

1-8 discharge, discipline, demote or otherwise discriminate against the

1-9 employee solely because he has a medical condition that prohibits him

1-10 from complying with any provision of the dress code or dressing in the

1-11 manner specified by the employer.

1-12 2. An employee who has a medical condition specified in subsection

1-13 1 may submit a written notice of that fact to his employer. The written

1-14 notice must be prepared by a physician and indicate the estimated period

1-15 during which the employee will suffer from the medical condition.

1-16 3. An employer who violates a provision of this section is liable to the

1-17 State of Nevada for a penalty of $5,000 for each offense. The penalty

1-18 must be recovered and the suit must be brought in the name of the State

1-19 of Nevada in a court of proper jurisdiction by the attorney general or,

2-1 under his direction, by the district attorney in any county having proper

2-2 jurisdiction.

2-3 4. If a penalty is imposed pursuant to the provisions of this section,

2-4 the costs of the proceeding, including any investigative costs and

2-5 attorney’s fees, may be recovered by the attorney general or the district

2-6 attorney acting under the direction of the attorney general.

2-7 Sec. 2. The amendatory provisions of this act do not apply to offenses

2-8 committed before the effective date of this act.

2-9 Sec. 3. This act becomes effective upon passage and approval.

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