Nevada Fair Hiring Laws

Various laws are in effect that impact employment, including some that dictate the regulations around recruiting and hiring new employees. Review our detailed guide to fair hiring laws in Nevada and how they differ from federal regulations.

What Are Fair Hiring Laws?

Fair hiring laws are regulations administered federally by the Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL). They apply across all states in the U.S., although some states have stricter laws in place. More than 180 laws cover workplace activities, protecting more than 165 million workers. Some of these related to the process of recruiting and hiring new employees.

What Are “Ban-the-Box” Laws?

Ban-the-box laws limit when an employer can ask about a candidate’s criminal history during the hiring process. The term refers to eliminating the box that must be checked on a traditional application when the individual has such a record.

Does Nevada Have Fair Hiring Laws That Differ from Federal Fair Hiring Laws?

Yes, there are laws in place in Nevada that differ from federal fair hiring laws. One is a statewide regulation that prohibits public-sector employers from requesting information about criminal history on a job application (ban the box). Under the same law, employers cannot consider certain records when making employment-related decisions. These include:

• Misdemeanors without a jail sentence
• Convictions that were sealed or dismissed
• Arrests that did not result in criminal convictions

Some exceptions apply. Employers hiring firefighters, peace officers, and roles that have access to the National Crime Information Center or Nevada Criminal Justice Information System do not have to comply. The law also doesn’t apply to private-sector employers.

Do Nevada Hiring Laws Match or Differ from the Federal Equal Pay Act (EPA)?

Under Senate Bill 293, employers are not allowed to ask for salary or wage history during the hiring process. An employer also can’t use any salary or wage information disclosed voluntarily to determine the pay rate for the position they are hiring to fill. Salary transparency is required; employers must provide a salary range. They are permitted to ask about wage expectations.

Do Nevada Hiring Laws Match or Differ from the Age Discrimination in Employment Act (ADEA)?

Nevada state law includes protections for individuals who are 40 years or older against employment discrimination based on their age. The law applies to apprenticeship programs as well. However, it does not specifically prohibit an employer from requesting a candidate’s date of birth or age, as long as the request is made for a lawful purpose.

Do Nevada Hiring Laws Match or Differ from the Americans with Disabilities Act (ADA)?

Nevada hiring laws align with the ADA.

Do Nevada Hiring Laws Match or Differ from the Genetic Information Nondiscrimination Act (GINA)?

Nevada hiring laws align with GINA.

Do Nevada Hiring Laws Match or Differ from Title VII of the Civil Rights Act of 1964?

Under state law, employers may not discriminate against job applicants based on gender identity or expression or sexual orientation, in addition to the protected characteristics outlined in the Civil Rights Act of 1964.

Are There Different Fair Hiring Laws in Cities or Municipalities Across Nevada?

North Las Vegas implemented a ban-the-box law in 2016 for city jobs. It was the first city in Nevada to enact such a law, although the state later enacted its own ban-the-box law that applies to public employers (outlined above).

With the right tools, ensuring fairness when recruiting and hiring doesn’t have to cause problems. Learn more about the applicant tracking capabilities built into WorkforceHub, like automation of data tracking and reporting for valuable insights. We can help your business maintain compliance with fair hiring regulations.