What are the requirements relating to advertising open positions?

It is unlawful to induce, influence, persuade or engage workers to change from one place to another through means of false or deceptive representations, false advertising, or false pretences concerning the character of the work, the amount of pay, sanitary or other work conditions, or the existence of a strike or other labor unrest (Nev. Rev. Stat. § 613.010). In addition, employment agencies may not knowingly send an applicant to any place where a strike, lockout or other labor trouble exists without providing the applicant with a written statement of that fact and retaining a copy signed by the applicant for one year (Nev. Rev. Stat. § 611.290). Employers must also comply with the anti-discrimination provisions of the Nevada Equal Opportunities for Employment Act (Nev. Rev. Stat. §613.310 et seq.).

Background checks

What can employers do with regard to background checks and inquiries?

(a) Criminal records and arrests

Nevada law does not restrict an employer’s use of criminal history records for arrests and convictions. However, the Nevada Equal Rights Commission pre-employment guidelines discourage inquiries regarding arrests that did not result in conviction.

(b) Medical history

It is unlawful for a Nevada employer to:

  • ask or encourage an employee or job applicant to submit to a genetic test;
  • require or administer a genetic test to a person as a condition of employment;
  • deny employment based on genetic information;
  • alter the terms, conditions or privileges of employment based on genetic information; or
  • terminate employment based on genetic information (Nev. Rev. Stat. § 613.345).

(c) Drug screening

Nevada has no state law regulating drug and alcohol testing by private employers. However, employers should note that Nevada’s medical marijuana statute provides that employers may need to accommodate the medical use of marijuana outside the workplace, so care should be exercised when denying employment due to a positive drug test for marijuana.

Covered public employers must comply with alcohol and drug-testing procedures set forth in Nev. Rev. Stat. § 284.406 et seq.

(d) Credit checks

Nevada restricts the use credit reports by employers. Generally, employers cannot require, request, suggest, or cause employees or applicants to submit to a credit report as a condition of employment, unless an exception exists. In addition, employers may not discipline, discharge, or discriminate against an employee or applicant on the basis of a credit report, or the failure to provide a credit report.

Exceptions that allow the use of credit reports in the employment context include:

  • when required or authorized by state or federal law;
  • when based on reasonable belief, the individual has engaged in specific activity that may constitute a violation of law; and
  • when credit information is reasonably related to the position for which the employee or applicant is being considered.

The information in the consumer credit report or other credit information shall be deemed reasonably related to such an evaluation if the duties of the position involve:

  • the care, custody and handling of, or responsibility for, money, financial accounts, corporate credit or debit cards, or other assets;
  • access to trade secrets or other proprietary or confidential information;
  • managerial or supervisory responsibility;
  • the direct exercise of law enforcement authority as an employee of a state or local law enforcement agency;
  • the care, custody and handling of, or responsibility for, the personal information of another person;
  • access to the personal financial information of another person;
  • employment with a financial institution that is chartered under state or federal law, including a subsidiary or affiliate of such a financial institution; or
  • employment with a licensed gaming establishment (Nev. Rev. Stat. §613.520 et seq.).

(e) Immigration status

There is no Nevada law regarding immigration or employment eligibility verification. However, if the U.S. Attorney General finds that a person who holds a state business license has engaged in the unlawful hiring or employment of an unauthorized alien, the Nevada Tax Commission will hold a hearing to determine whether to take action against the person, which may include administrative fines. Evidence that the business attempted to verify the social security number of the unauthorized alien within six months of the hire date may be used as prima facie evidence that the violation was not willful, flagrant or otherwise egregious (Nev. Rev. Stat. §360.796).

(f) Social media

Nevada employers may not directly or indirectly require, request, suggest, or cause any employee or applicant to disclose the user name, password, or any other information that provides access to the individual’s personal social media account. Employers also may not discharge, discipline, or discriminate against any employee or applicant for refusing or failing to disclose such information (Nev. Rev. Stat. §613.135).

(g) Other

Under Nevada Law, employers cannot discriminate based on an employee’s use of a lawful product outside the employer’s premises during non-working hours, as long as the use does not affect the employee’s ability to perform his or her job or the safety of others (Nev. Rev. Stat. §613.333). Consequently, employers should be careful when inquiring about off-duty use of lawful products, such as tobacco.

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