On June 2, 2017, the Nevada Pregnant Workers’ Fairness Act (“Act”) was signed into law. Under the Act, it is an unlawful employment practice for an employer to refuse to provide a reasonable accommodation to a female employee or applicant for a condition relating to pregnancy, childbirth or a related medical condition. It is also an unlawful employment practice to take adverse action against, or deny an employment opportunity to, an otherwise qualified female employee or applicant due to a request for, or use of, a reasonable accommodation. An employer, however, may take action in relation to the employee or applicant based on a bona fide occupational qualification.
Similar to the Americans with Disabilities Act’s requirements, the Act requires the employer and employee to engage in a “good faith and interactive process” to determine an effective and reasonable accommodation. This process is triggered when an employee or applicant “requests an accommodation” for a protected condition. In accommodating the employee, the employer is not required to create a new position or discharge or transfer any employee with more seniority unless the employer has or would take similar action to accommodate other classes of employees. The employer is permitted to require a statement from the employee’s physician concerning the specific accommodation recommended.
Employers subject to the Act are required to provide employees three distinct written or electronic notices. The notices must inform employees that they have the right to be free from discriminatory or unlawful employment practices pursuant to the NRS 613.335 and Sections 2 - 8 of the Act, and they must include a statement that a female employee has the right to a reasonable accommodation for a condition relating to pregnancy, childbirth or related medical condition. The first notice must be provided to new employees on commencement of employment. The second notice must be provided within 10 days after the employee notifies her immediate supervisor that she is pregnant, while the third notice of these rights must be posted in a conspicuous place at the place of business and in an area accessible to employees.
The notice provisions of the Act were made effective immediately, and, therefore, employers must immediately provide employees the required notices. All other provisions will take effect on October 1, 2017.
The Nevada Equal Rights Commission (NERC) will be preparing a brochure and sample notice. Until such time as the NERC notice is issued, employers in need of a notice may use the notice included below. The official NERC notice will be adopted once issued.
Coverage: Nevada employers with 15 or more employees. Employers who are contractors licensed under Chapter 624 of the Nevada Revised Statutes have a partial exempt from the Act’s requirements.
Effective: The notice provisions of the Act were made effective upon signing, June 2, 2017, but the Act itself is effective October 1, 2017, for all other purposes.
Action Required:
- Ensure that supervisors are prepared to receive employee and applicant requests for accommodation due to pregnancy, childbirth, or related medical conditions and promptly report them to the appropriate employer designated official;
- Ensure that supervisors are prepared to provide an employee the required notice upon being notified of the employee’s pregnancy and/or promptly report the same to the appropriate employer designated official;
- Post the required notice in a conspicuous location in an area accessible to employees and provide a copy of the notice to all employees;
- Provide the notice to all new employees upon commencement of their employment and to employees , and begin providing notices to employees who notify you of their pregnancy; and
- Contact your Human Resource Business Partner if you have any questions.
Download the Nevada Pregnant Worker's Fairness Act here.