Firing you for that reason is unlawful, even though employers still do it. NRS 613.340 makes it an unlawful employment practice to discriminate against an employee because the employee opposed an unlawful practice, or made a charge, testified, assisted, or participated in an investigation. Coverage starts at 15 employees for 20 or more calendar weeks under NRS 613.310. Nevada also runs two clocks: 300 days to file with the Nevada Equal Rights Commission, and a shorter limit for court.
In this guide
What NRS 613.340 prohibits
Nevada's fair employment rules sit in NRS 613.310 through 613.4383. The retaliation provision is NRS 613.340(1). It is an unlawful employment practice for an employer to discriminate against any employee or applicant, for an employment agency to discriminate against any person, or for a labor organization to discriminate against any member, because that person opposed a practice made unlawful by those sections, or because he or she made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing.
One detail is worth reading closely. Nevada ties the protection to opposing a practice made unlawful by the Nevada statutes. That is narrower on its face than a general good-faith standard, so if what you reported may fall outside those sections, ask early which law actually fits your situation. Federal law is often running alongside it.
Two Nevada clocks that do not match
The agency clock comes from NRS 233.160(1)(b). A complaint alleging unlawful discriminatory practices in employment must be filed with the Nevada Equal Rights Commission no later than 300 days after the date the alleged practice occurred. The same subsection adds that a complaint is timely if it is filed with an appropriate federal agency within that period.
The court clock is different and shorter. NRS 613.430 says no action authorized by NRS 613.420 or by Title VII may be brought more than 180 days after the date of the act complained of, or more than 90 days after the letter or right-to-sue notice, whichever is later. Subsection 2 then tolls that limitation while a complaint is pending before the Nevada Equal Rights Commission or the EEOC.
Put together, the lesson is not to reason from the 300-day figure alone. Filing with the agency is what pauses the court clock, so the order and the dates of your filings matter more in Nevada than in most states.
A third clock exists for one group only, and it is far shorter than either of the two above. Workers employed by a federal agency, and people who applied for a federal job, do not use the Nevada Equal Rights Commission or the EEOC charge process at all. The EEOC states that this group generally must contact an agency EEO Counselor within 45 days, extendable only in certain circumstances. Forty-five days, not 300.
Getting a right-to-sue notice from the commission
NRS 613.412 covers the ordinary path. If you filed an employment complaint under NRS 233.160 and at least 180 days have passed, the commission shall issue a right-to-sue notice on your request. The notice must state that you may bring a civil action in district court no later than 90 days after you receive it.
NRS 613.420 covers the path where the commission does not find a violation. In that case it issues a letter explaining your rights, a right-to-sue notice carrying the same 90-day limit, and basic information about filing a charge with the EEOC and how the EEOC reviews the commission's conclusion. A finding against you at the agency is not the end of the road, but the 90 days start running when the notice reaches you.
Which Nevada employers are covered
NRS 613.310(2) defines employer as any person who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. It carves out the United States and corporations wholly owned by it, Indian tribes, and private membership clubs exempt from taxation under section 501(c).
The definition of person in the same section includes the State of Nevada and its political subdivisions, so state and local government employers are within reach. Casinos, resorts, and hospitality groups almost always clear 15 employees. Small independent operators may not, and that is the first fact to pin down.
Sources [10]
What a Nevada court can award
NRS 613.432 sets the remedy. If a court finds an employee was injured by an unlawful employment practice within the scope of these sections, it may award the same legal or equitable relief that could be awarded under Title VII of the Civil Rights Act of 1964, where the employee is protected by Title VII or by NRS 613.330.
Nevada therefore borrows the federal remedy list rather than writing its own. The EEOC publishes what that list contains, including back pay, reinstatement, and other relief depending on the claim. Nobody can tell you what your case is worth from a web page, and any lawyer who does should worry you.
Questions, answered.
Should I file with the Nevada Equal Rights Commission or the EEOC?
NRS 233.160 treats a filing with an appropriate federal agency inside the 300-day period as timely. If the commission does not conclude that an unfair practice occurred, NRS 613.420 requires it to hand you a right-to-sue notice plus basic information about filing a charge with the EEOC. Because the choice also interacts with the tolling rule in NRS 613.430, get advice on the order before you file anything.
What if the conduct I reported turns out not to be covered by Nevada law?
Nevada's wording ties protection to opposing a practice made unlawful by its own sections. Federal law, which the EEOC enforces, protects people who participate in an EEO process even where the underlying allegation is not meritorious. Which framework helps you depends on the facts, so do not assume you are out.
My employer has ten people. Do I have a claim?
NRS 613.310(2) sets the state threshold at 15 employees, and Title VII uses the same number. A ten-person employer sits below both. Other legal theories may still exist depending on what happened, which is worth one call rather than a guess.
Sources
- NRS 613.340 (discrimination for opposing unlawful practice) ↗
- EEOC Table E1b; EEOC Select Task Force report ↗
- EEOC Select Task Force on the Study of Harassment in the Workplace ↗
- EEOC, time limits for filing a charge ↗
- EEOC, overview of the federal sector EEO complaint process ↗
- NRS 233.160 (limitations on filing a complaint) ↗
- NRS 613.430 (limitation on actions) ↗
- NRS 613.412 (issuance of right-to-sue notice) ↗
- NRS 613.420 (letter and right-to-sue notice) ↗
- NRS 613.310 (definitions) ↗
- NRS 613.432 (unlawful employment practices: relief) ↗
- EEOC, remedies for employment discrimination ↗
- EEOC, Coverage of Business/Private Employers (15 or more employees for Title VII and the ADA) ↗