Existing law provides that a person who commits certain acts is guilty of sexual assault. (NRS 200.366) Existing law requires an employer to provide certain hours of leave to an employee who has been employed by the employer for at least 90 days and who is a victim of an act which constitutes domestic violence, or such an employee whose family or household member is a victim of an act which constitutes domestic violence and the employee is not the alleged perpetrator. Existing law provides that such an employee is entitled to not more than 160 hours of leave during a 12-month period. Such leave: (1) may be paid or unpaid; (2) must be used within the 12 months immediately following the date on which the act which constitutes domestic violence occurred; (3) may be used consecutively or intermittently; and (4) under certain circumstances, must be deducted from leave permitted by the Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601 et seq. Existing law additionally requires an employer to maintain a record of the use of the hours of leave for each employee for a 2-year period and to make those records available for inspection by the Labor Commissioner. (NRS 608.0198) Section 1 of this bill: (1) requires an employer to provide such leave to a victim of an act which constitutes sexual assault; (2) authorizes an employee to use the leave for certain purposes; and (3) requires an employer to maintain a record of the use of the hours of leave for each employee for a 2-year period and to make those records available for inspection by the Labor Commissioner. Existing law prohibits the Administrator of the Employment Security Division of the Department of Employment, Training and Rehabilitation from denying a person unemployment compensation benefits in certain circumstances. (NRS 612.3755) Section 2 of this bill prohibits the Administrator from denying a person unemployment compensation benefits if the Administrator finds that the person: (1) left employment to protect himself or herself, or his or her family or household member, from an act which constitutes sexual assault; and (2) actively engaged in an effort to preserve employment. Section 2 also authorizes the Administrator to request evidence from the person to support a claim for benefits. Existing law requires an employer to provide reasonable accommodations which will not create an undue hardship for an employee who is a victim of an act which constitutes domestic violence or whose family or household member is a victim of an act which constitutes domestic violence. (NRS 613.222) Section 3 of this bill similarly requires an employer to provide such accommodations for an employee who is a victim of an act which constitutes sexual assault or whose family or household member is a victim of an act which constitutes sexual assault. Existing law prohibits an employer from conditioning the employment of an employee or prospective employee or taking certain employment actions because of certain circumstances related to the commission of an act which constitutes domestic violence. (NRS 613.223) Section 4 of this bill prohibits an employer from conditioning the employment of an employee or prospective employee or taking certain employment actions because: (1) the employee or prospective employee is a victim of an act which constitutes sexual assault; (2) the employee or prospective employee's family or household member is a victim of an act which constitutes sexual assault; or (3) of other circumstances related to being a victim of an act which constitutes sexual assault.

Statutes affected:
As Introduced: 608.0198, 612.3755, 613.222, 613.223
Reprint 1: 608.0198, 612.3755, 613.222, 613.223
As Enrolled: 608.0198, 612.3755, 613.222, 613.223
BDR: 608.0198, 612.3755, 613.222, 613.223