Existing law creates the Nevada Equal Rights Commission within the Department of Employment, Training and Rehabilitation. (Chapter 233 of NRS) Sections 2-30 of this bill: (1) move the Commission from the Department to the Office of the Attorney General; and (2) reorganize certain provisions relating to the Commission. Section 46 of this bill repeals the provisions of existing law which establish the Commission within the Department. Consistent with the repeal and relocation of the Commission, sections 31-38 of this bill revise certain references to provisions of existing law relating to the Commission.
Sections 41 and 42 of this bill: (1) require the Attorney General to appoint the members of the Commission and the Administrator of the Commission as soon as practicable after July 1, 2025; and (2) provide that the existing members and Administrator, if qualified, may continue to serve until the Attorney General appoints the new members and Administrator.
Existing law requires the Commission to carry out certain duties. (NRS 233.140) Section 12 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 with the United States Equal Employment Opportunity Commission.
Under existing law, the Commission is authorized to investigate and conduct hearings concerning acts of prejudice with regard to housing, employment and public accommodations. (NRS 233.150) Section 15 requires: (1) an attorney who is employed by, 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 fact and final disposition of the complaint; (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 20 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 acts of nonfeasance and malfeasance with regard to the complaint on behalf of the agency or a public officer or public employee of the agency; and (2) by a private employer, the Commission must consider any historical data available relating to the discriminatory practices on behalf of the private employer.
Under existing law, if the Commission conducts an investigation of a complaint which alleges an unlawful discriminatory practice in housing, the Commission must make a final disposition of the complaint within 1 year after the date the Commission receives the complaint, unless it is impracticable to do so. (NRS 233.165) Sections 19 and 21 require that if the Commission conducts an investigation of a complaint alleging an unlawful discriminatory practice in housing, 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 21 requires the Commission to send to the complainant and the person against whom the complaint was filed a statement informing the parties of its reasons for not making a final disposition of the complaint within that period.
Section 21 also prohibits the Commission from closing a complaint without a final disposition, unless the complainant has verbally or physically abused or threatened a member of the Commission.
Statutes affected: As Introduced: 232.910, 10.195, 50.069, 118.110, 239.010, 283.440, 353.347, 613.412
BDR: 232.910, 10.195, 50.069, 118.110, 239.010, 283.440, 353.347, 613.412