Existing law creates the Nevada Equal Rights Commission within the Department of Employment, Training and Rehabilitation. (NRS 233.030) The Commission is authorized to investigate and conduct hearings concerning acts of prejudice with regard to housing, employment and public accommodation. (NRS 233.150) Section 2 of this bill requires: (1) an attorney who works for, contracts with or provides volunteer services to the Commission to review any complaint filed with the Commission alleging an unlawful discriminatory practice and prepare all findings of facts and final dispositions of complaints; (2) a paralegal who is employed by the Commission to annually complete a minimum number of hours established by the Commission of continuing education in certain areas relating to the work of the Commission; and (3) the Commission to establish programs for law students to intern with the Commission and attorneys to volunteer legal services to the Commission. Section 3 of this bill provides that if a complaint is filed with the Commission alleging an unlawful discriminatory practice in employment: (1) by a governmental agency, the Commission must consider the historical patterns and practices of the agency in determining whether an investigation is warranted and any actions of nonfeasance and malfeasance on behalf of the agency or a public officer or public employee of the agency with regard to the complaint; and (2) by a private employer, the Commission must consider any historical data of discriminatory practices on behalf of the private employer. Sections 4 and 6 of this bill require that if the Commission determines an investigation into a complaint alleging an unlawful discriminatory practice is warranted, the Commission must make a final disposition of the complaint within 18 months after the date the complaint is received, unless the Commission determines it is impracticable to do so. If the Commission determines it is impracticable, section 4 requires the Commission to send the complainant and person against whom the complaint was filed a statement informing the parties of the reason why it was impracticable to resolve the complaint within 18 months. Section 4 also prohibits the Commission from closing a complaint without a final disposition, unless the complainant verbally or physically abuses or threatens a member of the Commission. Section 5 of this bill requires the Commission to prepare and publish on the Internet website of the Commission a summary of the process by which a person may file an appeal of a decision of the Commission with the United States Equal Employment Opportunity Commission.

Statutes affected:
As Introduced: 233.140, 233.165
BDR: 233.140, 233.165