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Find a Lawyer in Las VegasAbout Job Discrimination Law in Las Vegas, United States
Job discrimination law covers rules that prohibit employers from treating workers differently because of certain personal characteristics. In Las Vegas, like the rest of Nevada, employees and job applicants are protected by a mix of federal and state laws that bar discrimination in hiring, promotion, pay, job assignments, training, discipline, termination, and other terms and conditions of employment. Federal statutes such as Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and others operate together with Nevada state law to set standards for lawful workplace behavior and to provide remedies when rights are violated.
Practical examples of discrimination include firing or refusing to hire someone because of race, denying a requested disability accommodation, paying an employee less because of sex, or subjecting an employee to severe or pervasive harassment based on a protected trait. Employers may also not legally retaliate against employees who make complaints about discrimination, who participate in investigations, or who assert their rights under the law.
Why You May Need a Lawyer
Employment disputes often involve complex procedural rules, strict deadlines, and multiple overlapping legal claims. A lawyer can help you understand whether the facts of your situation meet legal standards for discrimination, preserve critical evidence, and guide you through administrative and court procedures. Common situations where legal help is especially useful include:
- When an employer rejects an accommodation request for a disability or religious practice, or makes you choose between your job and your rights.
- When you face retaliation after complaining about discrimination, reporting harassment, or participating in an investigation.
- When discrimination results in termination, demotion, or a reduction of pay or benefits.
- When you believe you are part of a pattern of unequal pay or promotional practices that may support a class action or collective claim.
- When internal complaint processes are ineffective or when an employer fails to investigate or take corrective action.
- When you need help filing an administrative charge with a government agency, negotiating a settlement or severance package, or pursuing a civil lawsuit in state or federal court.
Local Laws Overview
Las Vegas employees are protected by federal laws and by Nevada state law. Nevada law generally mirrors federal protections and in some areas offers similar or slightly broader protections. Key points to understand include:
- Protected characteristics. State and federal laws prohibit discrimination based on race, color, national origin, religion, sex, pregnancy, sexual orientation, gender identity or expression, age (40 and over), disability, genetic information, and in some cases other categories recognized by local ordinances or policy.
- Harassment and hostile work environment. Harassment is unlawful when it is severe or pervasive enough to create an abusive work environment or when a supervisor uses harassment as the basis for employment decisions.
- Reasonable accommodation. Employers must engage in a timely interactive process to consider reasonable accommodations for employees with disabilities and for sincerely held religious practices, unless accommodation would cause undue hardship to the employer.
- Retaliation protections. It is unlawful for employers to retaliate against employees who complain about discrimination, participate in investigations, or pursue administrative remedies.
- At-will employment and exceptions. Nevada is an at-will employment state, meaning either party can generally end the employment relationship at any time. At-will does not permit illegal actions like discrimination, retaliation, or firing in violation of a written contract or public policy.
- Administrative exhaustion and deadlines. Many discrimination claims must first be filed with an administrative agency before going to court. Time limits for filing are strict - under federal law the usual deadline to file a charge with the federal Equal Employment Opportunity Commission is 180 days from the discriminatory act, and that deadline may be extended to 300 days if a state agency enforces similar laws. Nevada also has state enforcement mechanisms that interact with federal filing timelines.
- Remedies. Possible remedies include reinstatement, back pay, front pay, compensatory and punitive damages in certain federal claims (subject to statutory caps based on employer size), injunctive relief, and attorney-fee awards for prevailing plaintiffs.
Frequently Asked Questions
What counts as job discrimination?
Job discrimination occurs when an employer treats an employee or applicant differently because of a protected characteristic such as race, sex, religion, national origin, age, disability, pregnancy, sexual orientation, or gender identity. Examples include denying a promotion, firing, refusing to hire, unequal pay for substantially similar work, or permitting harassment because of a protected trait.
How do I file a discrimination complaint in Las Vegas?
Most claims start with an administrative charge to the federal Equal Employment Opportunity Commission or to the Nevada state agency that enforces fair employment laws. Filing an administrative charge is usually required before filing a private lawsuit. You should document dates, names, witnesses, and relevant communications before filing. Time limits apply, so act promptly.
What are the time limits for filing a claim?
Federal law typically requires filing with the EEOC within 180 days of the last discriminatory act, but that deadline may extend to 300 days if the claim is also covered by a state or local anti-discrimination law. State deadlines and rules can vary, so consult a lawyer or the relevant agency as soon as possible.
Can my employer fire me for complaining about discrimination?
No. Retaliation for reporting discrimination or participating in an investigation is itself unlawful. If you experience adverse action after a complaint - such as demotion, pay cut, or termination - you may have a retaliation claim in addition to any discrimination claim.
What should I do if I need a disability accommodation?
Request the accommodation in writing if possible and describe the accommodation you need and how your disability affects your ability to perform essential job functions. Keep records of the request and any responses. Employers must engage in an interactive process and provide reasonable accommodations unless doing so would cause undue hardship.
Is sexual harassment considered job discrimination?
Yes. Sexual harassment is a form of sex discrimination. Harassment that is severe or pervasive enough to create a hostile work environment, or that becomes a condition of employment such as trade-off harassment, violates the law.
What remedies can I expect if I prove discrimination?
Remedies vary but may include reinstatement, back pay, front pay, compensatory damages for emotional harm, punitive damages in some federal claims, injunctive relief, and payment of attorney fees. Remedies depend on the laws invoked, the size of the employer, and the specifics of the case.
Do I need to go to court to resolve my claim?
Not always. Many cases settle through negotiation or mediation after an administrative charge is filed. Some claims, however, will require litigation if settlement is not possible or if an agency issues a right-to-sue notice allowing a lawsuit in court.
Can independent contractors bring discrimination claims?
Whether an independent contractor can bring an employment discrimination claim depends on their status under the law. Many federal and state protections apply to employees, not to independent contractors, so the classification of your work relationship is a key legal issue that often requires review by an attorney.
How much does it cost to hire a discrimination lawyer?
Many employment lawyers handle discrimination cases on a contingency-fee basis - the lawyer is paid a percentage of any settlement or judgment. Other lawyers may offer hourly billing or flat fees for specific services. Many offer a free initial consultation so you can discuss the facts and fee arrangements before deciding.
Additional Resources
Governmental and enforcement bodies and community resources that can help include the federal Equal Employment Opportunity Commission, the Nevada agency that enforces state anti-discrimination law, the Nevada Attorney General's Office for certain public-interest matters, and the U.S. Department of Labor for wage and hour issues. For low-income or pro bono assistance, consider contacting state or local legal aid organizations, the State Bar of Nevada lawyer-referral service, and community advocacy groups that focus on civil rights, disability rights, and workers rights. Local bar associations and specialty employment law attorneys can also provide referrals and guidance.
Next Steps
If you believe you have experienced job discrimination, consider these steps:
- Document everything. Keep a record of dates, times, people involved, what was said or done, copies of emails or texts, and any performance evaluations or disciplinary notices.
- Use internal procedures. File complaints with your employer through human resources or the designated complaint process, and keep copies of what you submit and any responses you receive.
- Request accommodations in writing when applicable, and keep records of the interactive process.
- Preserve evidence. Save electronic communications, witness names, and any materials that support your claim.
- File timely administrative charges. Contact the EEOC and the appropriate Nevada enforcement agency about filing deadlines and procedures. Filing an administrative charge is often required before suing in court.
- Talk with an experienced employment lawyer. Seek an attorney who handles discrimination cases in Nevada for advice about deadlines, evidence, legal theories, and your options for settlement or litigation. Ask about fee arrangements, past results, and whether the lawyer offers a free initial consultation.
- Stay professional. While pursuing your rights, continue to follow workplace rules and document any further adverse actions. Acting professionally helps preserve credibility if your claim proceeds.
Taking prompt, documented action and obtaining informed legal advice will help protect your rights and give you the best chance of achieving a fair outcome.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.