Text of NV AB 211 (2011)

A.B. 211 - *AB211* ASSEMBLY BILL NO. 211–ASSEMBLYMEN AIZLEY, OHRENSCHALL, CARRILLO, HORNE; ATKINSON, CONKLIN, DONDERO LOOP, FRIERSON, GOEDHART, HAMBRICK, HOGAN, OCEGUERA, PIERCE AND STEWART FEBRUARY 25, 2011 ____________ JOINT SPONSORS: SENATORS LESLIE, PARKS; AND DENIS ____________ Referred to Committee on Commerce and Labor SUMMARY—Prohibits discriminatory employment practices based upon gender identity or expression. (BDR 53-272) FISCAL NOTE: Effect on Local Government: No. Effect on the State: No. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to employment practices; prohibiting discriminatory employment practices based upon the gender identity or expression of a person; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law establishes that it is the policy of this State to foster the right of all 1 persons to reasonably seek, obtain and hold employment without discrimination, 2 distinction or restriction because of race, religious creed, color, age, sex, disability, 3 national origin or ancestry. (NRS 233.010) Consistent with that policy, existing law 4 protects against such discrimination with respect to apprenticeships. (NRS 610.010, 5 610.020, 610.150, 610.185) In addition, existing law prohibits certain employers, 6 employment agencies, labor organizations, joint labor-management committees or 7 contractors from engaging in certain discriminatory employment practices. For 8 example, it is an unlawful employment practice to fail to hire or to fire or otherwise 9 discriminate against a person, or to limit or segregate or classify an employee on 10 the basis of race, color, religion, sex, sexual orientation, age, disability or national 11 origin, except in certain circumstances. (NRS 338.125, 613.330, 613.340, 613.350, 12 613.380) Sections 2-4, 7-13, 16 and 17 of this bill add “gender identity or 13 expression” to the list of categories upon which discrimination is prohibited, and 14 sections 1, 5 and 14 of this bill define “gender identity or expression” to mean the 15 gender-related identity, appearance, expression or behavior of a person, regardless 16 of the person’s assigned sex at birth. 17 – 2 – - *AB211* Existing law authorizes the Nevada Equal Rights Commission to investigate 18 tensions, practices of discrimination and acts of prejudice against any person with 19 regard to employment based on race, color, creed, sex, age, disability, national 20 origin or ancestry. (NRS 233.150) Section 15 of this bill adds “gender identity or 21 expression” to the list of categories upon which the Commission may investigate 22 such allegations of discrimination. 23 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 610.010 is hereby amended to read as follows: 1 610.010 As used in this chapter, unless the context otherwise 2 requires: 3 1. “Agreement” means a written and signed agreement of 4 indenture as an apprentice. 5 2. “Apprentice” means a person who is covered by a written 6 agreement, issued pursuant to a program with an employer, or with 7 an association of employers or an organization of employees acting 8 as agent for an employer. 9 3. “Disability” means, with respect to a person: 10 (a) A physical or mental impairment that substantially limits one 11 or more of the major life activities of the person; 12 (b) A record of such an impairment; or 13 (c) Being regarded as having such an impairment. 14 4. “Gender identity or expression” means a gender-related 15 identity, appearance, expression or behavior of a person, 16 regardless of the person’s assigned sex at birth. 17 5. “Program” means a program of training and instruction as an 18 apprentice in an occupation in which a person may be apprenticed. 19 [5.] 6. “Sexual orientation” means having or being perceived 20 as having an orientation for heterosexuality, homosexuality or 21 bisexuality. 22 Sec. 2. NRS 610.020 is hereby amended to read as follows: 23 610.020 The purposes of this chapter are: 24 1. To open to people, without regard to race, color, creed, sex, 25 sexual orientation, gender identity or expression, religion, disability 26 or national origin, the opportunity to obtain training that will equip 27 them for profitable employment and citizenship. 28 2. To establish, as a means to this end, an organized program 29 for the voluntary training of persons under approved standards for 30 apprenticeship, providing facilities for their training and guidance in 31 the arts and crafts of industry and trade, with instruction in related 32 and supplementary education. 33 3. To promote opportunities for employment for all persons, 34 without regard to race, color, creed, sex, sexual orientation, gender 35 – 3 – - *AB211* identity or expression, religion, disability or national origin, under 1 conditions providing adequate training and reasonable earnings. 2 4. To regulate the supply of skilled workers in relation to the 3 demand for skilled workers. 4 5. To establish standards for the training of apprentices in 5 approved programs. 6 6. To establish a State Apprenticeship Council with the 7 authority to carry out the purposes of this chapter and provide for 8 local joint apprenticeship committees to assist in carrying out the 9 purposes of this chapter. 10 7. To provide for a State Director of Apprenticeship. 11 8. To provide for reports to the Legislature and to the public 12 regarding the status of the training of apprentices in the State. 13 9. To establish procedures for regulating programs and 14 deciding controversies concerning programs and agreements. 15 10. To accomplish related ends. 16 Sec. 3. NRS 610.150 is hereby amended to read as follows: 17 610.150 Every agreement entered into under this chapter must 18 contain: 19 1. The names and signatures of the contracting parties and the 20 signature of a parent or legal guardian if the apprentice is a minor. 21 2. The date of birth of the apprentice. 22 3. The name and address of the sponsor of the program. 23 4. A statement of the trade or craft in which the apprentice is to 24 be trained, and the beginning date and expected duration of the 25 apprenticeship. 26 5. A statement showing the number of hours to be spent by the 27 apprentice in work and the number of hours to be spent in related 28 and supplemental instruction, which instruction must not be less 29 than 144 hours per year. 30 6. A statement setting forth a schedule of the processes in the 31 trade or division of industry in which the apprentice is to be trained 32 and the approximate time to be spent at each process. 33 7. A statement of the graduated scale of wages to be paid the 34 apprentice and whether or not compensation is to be paid for the 35 required time in school. 36 8. Statements providing: 37 (a) For a specific period of probation during which the 38 agreement may be terminated by either party to the agreement upon 39 written notice to the State Apprenticeship Council; and 40 (b) That after the probationary period the agreement may be 41 cancelled at the request of the apprentice, or suspended, cancelled or 42 terminated by the sponsor for good cause, with due notice to the 43 apprentice and a reasonable opportunity for corrective action, and 44 – 4 – - *AB211* with written notice to the apprentice and the State Apprenticeship 1 Council of the final action taken. 2 9. A reference incorporating as part of the agreement the 3 standards of the program as it exists on the date of the agreement 4 and as it may be amended during the period of the agreement. 5 10. A statement that the apprentice will be accorded equal 6 opportunity in all phases of employment and training as an 7 apprentice without discrimination because of race, color, creed, sex, 8 sexual orientation, gender identity or expression, religion or 9 disability. 10 11. A statement naming the State Apprenticeship Council as 11 the authority designated pursuant to NRS 610.180 to receive, 12 process and dispose of controversies or differences arising out of the 13 agreement when the controversies or differences cannot be adjusted 14 locally or resolved in accordance with the program or collective 15 bargaining agreements. 16 12. Such additional terms and conditions as are prescribed or 17 approved by the State Apprenticeship Council not inconsistent with 18 the provisions of this chapter. 19 Sec. 4. NRS 610.185 is hereby amended to read as follows: 20 610.185 The State Apprenticeship Council shall suspend for 1 21 year the right of any employer, association of employers or 22 organization of employees acting as agent for an employer to 23 participate in a program under the provisions of this chapter if the 24 Nevada Equal Rights Commission, after notice and hearing, finds 25 that the employer, association or organization has discriminated 26 against an apprentice because of race, color, creed, sex, sexual 27 orientation, gender identity or expression, religion, disability or 28 national origin in violation of this chapter. 29 Sec. 5. NRS 613.310 is hereby amended to read as follows: 30 613.310 As used in NRS 613.310 to 613.435, inclusive, unless 31 the context otherwise requires: 32 1. “Disability” means, with respect to a person: 33 (a) A physical or mental impairment that substantially limits one 34 or more of the major life activities of the person, including, without 35 limitation, the human immunodeficiency virus; 36 (b) A record of such an impairment; or 37 (c) Being regarded as having such an impairment. 38 2. “Employer” means any person who has 15 or more 39 employees for each working day in each of 20 or more calendar 40 weeks in the current or preceding calendar year, but does not 41 include: 42 (a) The United States or any corporation wholly owned by the 43 United States. 44 (b) Any Indian tribe. 45 – 5 – - *AB211* (c) Any private membership club exempt from taxation pursuant 1 to 26 U.S.C. § 501(c). 2 3. “Employment agency” means any person regularly 3 undertaking with or without compensation to procure employees for 4 an employer or to procure for employees opportunities to work for 5 an employer, but does not include any agency of the United States. 6 4. “Gender identity or expression” means a gender-related 7 identity, appearance, expression or behavior of a person, 8 regardless of the person’s assigned sex at birth. 9 5. “Labor organization” means any organization of any kind, or 10 any agency or employee representation committee or plan, in which 11 employees participate and which exists for the purpose, in whole or 12 in part, of dealing with employers concerning grievances, labor 13 disputes, wages, rates of pay, hours of employment or other 14 conditions of employment. 15 [5.] 6. “Person” includes the State of Nevada and any of its 16 political subdivisions. 17 [6.] 7. “Sexual orientation” means having or being perceived 18 as having an orientation for heterosexuality, homosexuality or 19 bisexuality. 20 Sec. 6. NRS 613.320 is hereby amended to read as follows: 21 613.320 1. The provisions of NRS 613.310 to 613.435, 22 inclusive, do not apply to: 23 (a) Any employer with respect to employment outside this state. 24 (b) Any religious corporation, association or society with 25 respect to the employment of individuals of a particular religion to 26 perform work connected with the carrying on of its religious 27 activities. 28 2. The provisions of NRS 613.310 to 613.435, inclusive, 29 concerning unlawful employment practices related to sexual 30 orientation and gender identity or expression do not apply to an 31 organization that is exempt from taxation pursuant to 26 U.S.C. § 32 501(c)(3). 33 Sec. 7. NRS 613.330 is hereby amended to read as follows: 34 613.330 1. Except as otherwise provided in NRS 613.350, it 35 is an unlawful employment practice for an employer: 36 (a) To fail or refuse to hire or to discharge any person, or 37 otherwise to discriminate against any person with respect to the 38 person’s compensation, terms, conditions or privileges of 39 employment, because of his or her race, color, religion, sex, sexual 40 orientation, gender identity or expression, age, disability or national 41 origin; or 42 (b) To limit, segregate or classify an employee in a way which 43 would deprive or tend to deprive the employee of employment 44 opportunities or otherwise adversely affect his or her status as an 45 – 6 – - *AB211* employee, because of his or her race, color, religion, sex, sexual 1 orientation, gender identity or expression, age, disability or national 2 origin. 3 2. It is an unlawful employment practice for an employment 4 agency to: 5 (a) Fail or refuse to refer for employment, or otherwise to 6 discriminate against, any person because of the race, color, religion, 7 sex, sexual orientation, gender identity or expression, age, disability 8 or national origin of that person; or 9 (b) Classify or refer for employment any person on the basis of 10 the race, color, religion, sex, sexual orientation, gender identity or 11 expression, age, disability or national origin of that person. 12 3. It is an unlawful employment practice for a labor 13 organization: 14 (a) To exclude or to expel from its membership, or otherwise to 15 discriminate against, any person because of his or her race, color, 16 religion, sex, sexual orientation, gender identity or expression, age, 17 disability or national origin; 18 (b) To limit, segregate or classify its membership, or to classify 19 or fail or refuse to refer for employment any person, in any way 20 which would deprive or tend to deprive the person of employment 21 opportunities, or would limit the person’s employment opportunities 22 or otherwise adversely affect the person’s status as an employee or 23 as an applicant for employment, because of his or her race, color, 24 religion, sex, sexual orientation, gender identity or expression, age, 25 disability or national origin; or 26 (c) To cause or attempt to cause an employer to discriminate 27 against any person in violation of this section. 28 4. It is an unlawful employment practice for any employer, 29 labor organization or joint labor-management committee controlling 30 apprenticeship or other training or retraining, including, without 31 limitation, on-the-job training programs, to discriminate against any 32 person because of his or her race, color, religion, sex, sexual 33 orientation, gender identity or expression, age, disability or national 34 origin in admission to, or employment in, any program established 35 to provide apprenticeship or other training. 36 5. It is an unlawful employment practice for any employer, 37 employment agency, labor organization or joint labor-management 38 committee to discriminate against a person with a disability by 39 interfering, directly or indirectly, with the use of an aid or appliance, 40 including, without limitation, a service animal, by such a person. 41 6. It is an unlawful employment practice for an employer, 42 directly or indirectly, to refuse to permit an employee with a 43 disability to keep the employee’s service animal with him or her at 44 all times in his or her place of employment. 45 – 7 – - *AB211* 7. As used in this section, “service animal” has the meaning 1 ascribed to it in NRS 426.097. 2 Sec. 8. NRS 613.340 is hereby amended to read as follows: 3 613.340 1. It is an unlawful employment practice for an 4 employer to discriminate against any of his or her employees or 5 applicants for employment, for an employment agency to 6 discriminate against any person, or for a labor organization to 7 discriminate against any member thereof or applicant for 8 membership, because the employee, applicant, person or member, as 9 applicable, has opposed any practice made an unlawful employment 10 practice by NRS 613.310 to 613.435, inclusive, or because he or she 11 has made a charge, testified, assisted or participated in any manner 12 in an investigation, proceeding or hearing under NRS 613.310 to 13 613.435, inclusive. 14 2. It is an unlawful employment practice for an employer, labor 15 organization or employment agency to print or publish or cause to 16 be printed or published any notice or advertisement relating to 17 employment by such an employer or membership in or any 18 classification or referral for employment by such a labor 19 organization, or relating to any classification or referral for 20 employment by such an employment agency, indicating any 21 preference, limitation, specification or discrimination, based on race, 22 color, religion, sex, sexual orientation, gender identity or 23 expression, age, disability or national origin, except that such a 24 notice or advertisement may indicate a preference, limitation, 25 specification or discrimination based on religion, sex, sexual 26 orientation, gender identity or expression, age, physical, mental or 27 visual condition or national origin when religion, sex, sexual 28 orientation, gender identity or expression, age, physical, mental or 29 visual condition or national origin is a bona fide occupational 30 qualification for employment. 31 Sec. 9. NRS 613.350 is hereby amended to read as follows: 32 613.350 1. It is not an unlawful employment practice for an 33 employer to hire and employ employees, for an employment agency 34 to classify or refer for employment any person, for a labor 35 organization to classify its membership or to classify or refer for 36 employment any person, or for an employer, labor organization or 37 joint labor-management committee controlling apprenticeship or 38 other training or retraining programs to admit or employ any person 39 in any such program, on the basis of his or her religion, sex, sexual 40 orientation, gender identity or expression, age, disability or national 41 origin in those instances where religion, sex, sexual orientation, 42 gender identity or expression, age, physical, mental or visual 43 condition or national origin is a bona fide occupational qualification 44 – 8 – - *AB211* reasonably necessary to the normal operation of that particular 1 business or enterprise. 2 2. It is not an unlawful employment practice for an employer to 3 fail or refuse to hire and employ employees, for an employment 4 agency to fail to classify or refer any person for employment, for a 5 labor organization to fail to classify its membership or to fail to 6 classify or refer any person for employment, or for an employer, 7 labor organization or joint labor-management committee controlling 8 apprenticeship or other training or retraining programs to fail to 9 admit or employ any person in any such program, on the basis of a 10 disability in those instances where physical, mental or visual 11 condition is a bona fide and relevant occupational qualification 12 necessary to the normal operation of that particular business or 13 enterprise, if it is shown that the particular disability would prevent 14 proper performance of the work for which the person with a 15 disability would otherwise have been hired, classified, referred or 16 prepared under a training or retraining program. 17 3. It is not an unlawful employment practice for an employer to 18 fail or refuse to hire or to discharge a person, for an employment 19 agency to fail to classify or refer any person for employment, for a 20 labor organization to fail to classify its membership or to fail to 21 classify or refer any person for employment, or for an employer, 22 labor organization or joint labor-committee controlling 23 apprenticeship or other training or retraining programs to fail to 24 admit or employ any person in any such program, on the basis of his 25 or her age if the person is less than 40 years of age. 26 4. It is not an unlawful employment practice for a school, 27 college, university or other educational institution or institution of 28 learning to hire and employ employees of a particular religion if the 29 school or institution is, in whole or in substantial part, owned, 30 supported, controlled or managed by a particular religion or by a 31 particular religious corporation, association or society, or if the 32 curriculum of the school or institution is directed toward the 33 propagation of a particular religion. 34 5. It is not an unlawful employment practice for an employer to 35 observe the terms of any bona fide plan for employees’ benefits, 36 such as a retirement, pension or insurance plan, which is not a 37 subterfuge to evade the provisions of NRS 613.310 to 613.435, 38 inclusive, as they relate to discrimination against a person because 39 of age, except that no such plan excuses the failure to hire any 40 person who is at least 40 years of age. 41 6. It is not an unlawful employment practice for an employer 42 to require employees to adhere to reasonable workplace 43 appearance, grooming and dress standards so long as such 44 requirements are not precluded by law, except that an employer 45 – 9 – - *AB211* shall allow an employee to appear, groom and dress consistent 1 with the employee’s gender identity or expression. 2 Sec. 10. NRS 613.380 is hereby amended to read as follows: 3 613.380 Notwithstanding any other provision of NRS 613.310 4 to 613.435, inclusive, it is not an unlawful employment practice for 5 an employer to apply different standards of compensation, or 6 different terms, conditions or privileges of employment pursuant to 7 a bona fide seniority or merit system, or a system which measures 8 earnings by quantity or quality of production or to employees who 9 work in different locations, if those differences are not the result of 10 an intention to discriminate because of race, color, religion, sex, 11 sexual orientation, gender identity or expression, age, disability or 12 national origin, nor is it an unlawful employment practice for an 13 employer to give and to act upon the results of any professionally 14 developed ability test, if the test, its administration or action upon 15 the results is not designed, intended or used to discriminate because 16 of race, color, religion, sex, sexual orientation, gender identity or 17 expression, age, disability or national origin. 18 Sec. 11. NRS 613.400 is hereby amended to read as follows: 19 613.400 Nothing contained in NRS 613.310 to 613.435, 20 inclusive, requires any employer, employment agency, labor 21 organization or joint labor-management committee subject to NRS 22 613.310 to 613.435, inclusive, to grant preferential treatment to any 23 person or to any group because of the race, color, religion, sex, 24 sexual orientation, gender identity or expression, age, disability or 25 national origin of the individual or group on account of an 26 imbalance which exists with respect to the total number or 27 percentage of persons of any race, color, religion, sex, sexual 28 orientation, gender identity or expression, age, disability or national 29 origin employed by any employer, referred or classified for 30 employment by any employment agency or labor organization, 31 admitted to membership or classified by any labor organization, or 32 admitted to, or employed in, any apprenticeship or other training 33 program, in comparison with the total number or percentage of 34 persons of that race, color, religion, sex, sexual orientation, gender 35 identity or expression, age, disability or national origin in any 36 community, section or other area, or in the available workforce in 37 any community, section or other area. 38 Sec. 12. NRS 613.405 is hereby amended to read as follows: 39 613.405 Any person injured by an unlawful employment 40 practice within the scope of NRS 613.310 to 613.435, inclusive, 41 may file a complaint to that effect with the Nevada Equal Rights 42 Commission if the complaint is based on discrimination because of 43 race, color, sex, sexual orientation, gender identity or expression, 44 age, disability, religion or national origin. 45 – 10 – - *AB211* Sec. 13. NRS 233.010 is hereby amended to read as follows: 1 233.010 1. It is hereby declared to be the public policy of the 2 State of Nevada to protect the welfare, prosperity, health and peace 3 of all the people of the State, and to foster the right of all persons 4 reasonably to seek, obtain and hold [employment and] housing 5 accommodations without discrimination, distinction or restriction 6 because of race, religious creed, color, age, sex, disability, national 7 origin or ancestry. 8 2. It is hereby declared to be the public policy of the State of 9 Nevada to protect the welfare, prosperity, health and peace of all the 10 people of the State, and to foster the right of all persons reasonably 11 to seek and be granted services in places of public accommodation 12 without discrimination, distinction or restriction because of race, 13 religious creed, color, age, sex, disability, sexual orientation, 14 national origin or ancestry. 15 3. It is hereby declared to be the public policy of the State of 16 Nevada to protect the welfare, prosperity, health and peace of all 17 the people of the State, and to foster the right of all persons 18 reasonably to seek, obtain and hold employment without 19 discrimination, distinction or restriction because of race, religious 20 creed, color, age, sex, disability, gender identity or expression, 21 national origin or ancestry. 22 4. It is recognized that the people of this State should be 23 afforded full and accurate information concerning actual and alleged 24 practices of discrimination and acts of prejudice, and that such 25 information may provide the basis for formulating statutory 26 remedies of equal protection and opportunity for all citizens in this 27 State. 28 Sec. 14. NRS 233.020 is hereby amended to read as follows: 29 233.020 As used in this chapter: 30 1. “Administrator” means the Administrator of the 31 Commission. 32 2. “Commission” means the Nevada Equal Rights Commission 33 within the Department of Employment, Training and Rehabilitation. 34 3. “Disability” means, with respect to a person: 35 (a) A physical or mental impairment that substantially limits one 36 or more of the major life activities of the person; 37 (b) A record of such an impairment; or 38 (c) Being regarded as having such an impairment. 39 4. “Gender identity or expression” means a gender-related 40 identity, appearance, expression or behavior of a person, 41 regardless of the person’s assigned sex at birth. 42 5. “Member” means a member of the Nevada Equal Rights 43 Commission. 44 – 11 – - *AB211* [5.] 6. “Sexual orientation” means having or being perceived 1 as having an orientation for heterosexuality, homosexuality or 2 bisexuality. 3 Sec. 15. NRS 233.150 is hereby amended to read as follows: 4 233.150 The Commission may: 5 1. Order its Administrator to: 6 (a) With regard to public accommodation, investigate tensions, 7 practices of discrimination and acts of prejudice against any person 8 or group because of race, color, creed, sex, age, disability, sexual 9 orientation, national origin or ancestry, and may conduct hearings 10 with regard thereto. 11 (b) With regard to [employment and] housing, investigate 12 tensions, practices of discrimination and acts of prejudice against 13 any person or group because of race, color, creed, sex, age, 14 disability, national origin or ancestry, and may conduct hearings 15 with regard thereto. 16 (c) With regard to employment, investigate tensions, practices 17 of discrimination and acts of prejudice against any person or 18 group because of race, color, creed, sex, age, disability, gender 19 identity or expression, national origin or ancestry, and may 20 conduct hearings with regard thereto. 21 2. Mediate between or reconcile the persons or groups involved 22 in those tensions, practices and acts. 23 3. Issue subpoenas for the attendance of witnesses or for the 24 production of documents or tangible evidence relevant to any 25 investigations or hearings conducted by the Commission. 26 4. Delegate its power to hold hearings and issue subpoenas to 27 any of its members or any hearing officer in its employ. 28 5. Adopt reasonable regulations necessary for the Commission 29 to carry out the functions assigned to it by law. 30 Sec. 16. NRS 281.370 is hereby amended to read as follows: 31 281.370 1. All personnel actions taken by state, county or 32 municipal departments, housing authorities, agencies, boards or 33 appointing officers thereof must be based solely on merit and 34 fitness. 35 2. State, county or municipal departments, housing authorities, 36 agencies, boards or appointing officers thereof shall not refuse to 37 hire a person, discharge or bar any person from employment or 38 discriminate against any person in compensation or in other terms or 39 conditions of employment because of the person’s race, creed, color, 40 national origin, sex, sexual orientation, gender identity or 41 expression, age, political affiliation or disability, except when based 42 upon a bona fide occupational qualification. 43 3. As used in this section: 44 (a) “Disability” means, with respect to a person: 45 – 12 – - *AB211* (1) A physical or mental impairment that substantially limits 1 one or more of the major life activities of the person; 2 (2) A record of such an impairment; or 3 (3) Being regarded as having such an impairment. 4 (b) “Gender identity or expression” means a gender-related 5 identity, appearance, expression or behavior of a person, 6 regardless of the person’s assigned sex at birth. 7 (c) “Sexual orientation” means having or being perceived as 8 having an orientation for heterosexuality, homosexuality or 9 bisexuality. 10 Sec. 17. NRS 338.125 is hereby amended to read as follows: 11 338.125 1. It is unlawful for any contractor in connection 12 with the performance of work under a contract with a public body, 13 when payment of the contract price, or any part of such payment, is 14 to be made from public money, to refuse to employ or to discharge 15 from employment any person because of his or her race, color, 16 creed, national origin, sex, sexual orientation , gender identity or 17 expression, or age, or to discriminate against a person with respect 18 to hire, tenure, advancement, compensation or other terms, 19 conditions or privileges of employment because of his or her race, 20 creed, color, national origin, sex, sexual orientation , gender identity 21 or expression, or age. 22 2. Contracts between contractors and public bodies must 23 contain the following contractual provisions: 24 25 In connection with the performance of work under this 26 contract, the contractor agrees not to discriminate against any 27 employee or applicant for employment because of race, creed, 28 color, national origin, sex, sexual orientation , gender identity 29 or expression, or age, including, without limitation, with 30 regard to employment, upgrading, demotion or transfer, 31 recruitment or recruitment advertising, layoff or termination, 32 rates of pay or other forms of compensation, and selection for 33 training, including, without limitation, apprenticeship. 34 The contractor further agrees to insert this provision in all 35 subcontracts hereunder, except subcontracts for standard 36 commercial supplies or raw materials. 37 38 3. Any violation of such provision by a contractor constitutes a 39 material breach of contract. 40 4. As used in this section [, “sexual] : 41 (a) “Gender identity or expression” means a gender-related 42 identity, appearance, expression or behavior of a person, 43 regardless of the person’s assigned sex at birth. 44 – 13 – - *AB211* (b) “Sexual orientation” means having or being perceived as 1 having an orientation for heterosexuality, homosexuality or 2 bisexuality. 3 H

- Assembly Bill No. 211–Assemblymen Aizley, Ohrenschall, Carrillo, Horne; Atkinson, Conklin, Dondero Loop, Frierson, Goedhart, Hambrick, Hogan, Oceguera, Pierce and Stewart Joint Sponsors: Senators Leslie, Parks; and Denis CHAPTER.......... AN ACT relating to employment practices; prohibiting discriminatory employment practices based upon the gender identity or expression of a person; authorizing the Nevada Equal Rights Commission to investigate certain acts of prejudice against a person with regard to employment based on gender identity or expression and sexual orientation; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law establishes that it is the policy of this State to foster the right of all persons to reasonably seek, obtain and hold employment without discrimination, distinction or restriction because of race, religious creed, color, age, sex, disability, national origin or ancestry. (NRS 233.010) Consistent with that policy, existing law protects against such discrimination with respect to apprenticeships. (NRS 610.010, 610.020, 610.150, 610.185) In addition, existing law prohibits certain employers, employment agencies, labor organizations, joint labor-management committees or contractors from engaging in certain discriminatory employment practices. For example, it is an unlawful employment practice to fail to hire or to fire or otherwise discriminate against a person, or to limit or segregate or classify an employee on the basis of race, color, religion, sex, sexual orientation, age, disability or national origin, except in certain circumstances. (NRS 338.125, 613.330, 613.340, 613.350, 613.380) Sections 2-4, 7-13, 16 and 17 of this bill add “gender identity or expression” to the list of categories upon which discrimination is prohibited, and sections 1, 5 and 14 of this bill define “gender identity or expression” to mean the gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth. Existing law authorizes the Nevada Equal Rights Commission to investigate tensions, practices of discrimination and acts of prejudice against any person with regard to employment based on race, color, creed, sex, age, disability, national origin or ancestry. (NRS 233.150) Section 15 of this bill adds “gender identity or expression” and “sexual orientation” to the list of categories upon which the Commission may investigate such allegations of discrimination. EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. – 2 – - THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 610.010 is hereby amended to read as follows: 610.010 As used in this chapter, unless the context otherwise requires: 1. “Agreement” means a written and signed agreement of indenture as an apprentice. 2. “Apprentice” means a person who is covered by a written agreement, issued pursuant to a program with an employer, or with an association of employers or an organization of employees acting as agent for an employer. 3. “Disability” means, with respect to a person: (a) A physical or mental impairment that substantially limits one or more of the major life activities of the person; (b) A record of such an impairment; or (c) Being regarded as having such an impairment. 4. “Gender identity or expression” means a gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth. 5. “Program” means a program of training and instruction as an apprentice in an occupation in which a person may be apprenticed. [5.] 6. “Sexual orientation” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality. Sec. 2. NRS 610.020 is hereby amended to read as follows: 610.020 The purposes of this chapter are: 1. To open to people, without regard to race, color, creed, sex, sexual orientation, gender identity or expression, religion, disability or national origin, the opportunity to obtain training that will equip them for profitable employment and citizenship. 2. To establish, as a means to this end, an organized program for the voluntary training of persons under approved standards for apprenticeship, providing facilities for their training and guidance in the arts and crafts of industry and trade, with instruction in related and supplementary education. 3. To promote opportunities for employment for all persons, without regard to race, color, creed, sex, sexual orientation, gender identity or expression, religion, disability or national origin, under conditions providing adequate training and reasonable earnings. 4. To regulate the supply of skilled workers in relation to the demand for skilled workers. 5. To establish standards for the training of apprentices in approved programs. – 3 – - 6. To establish a State Apprenticeship Council with the authority to carry out the purposes of this chapter and provide for local joint apprenticeship committees to assist in carrying out the purposes of this chapter. 7. To provide for a State Director of Apprenticeship. 8. To provide for reports to the Legislature and to the public regarding the status of the training of apprentices in the State. 9. To establish procedures for regulating programs and deciding controversies concerning programs and agreements. 10. To accomplish related ends. Sec. 3. NRS 610.150 is hereby amended to read as follows: 610.150 Every agreement entered into under this chapter must contain: 1. The names and signatures of the contracting parties and the signature of a parent or legal guardian if the apprentice is a minor. 2. The date of birth of the apprentice. 3. The name and address of the sponsor of the program. 4. A statement of the trade or craft in which the apprentice is to be trained, and the beginning date and expected duration of the apprenticeship. 5. A statement showing the number of hours to be spent by the apprentice in work and the number of hours to be spent in related and supplemental instruction, which instruction must not be less than 144 hours per year. 6. A statement setting forth a schedule of the processes in the trade or division of industry in which the apprentice is to be trained and the approximate time to be spent at each process. 7. A statement of the graduated scale of wages to be paid the apprentice and whether or not compensation is to be paid for the required time in school. 8. Statements providing: (a) For a specific period of probation during which the agreement may be terminated by either party to the agreement upon written notice to the State Apprenticeship Council; and (b) That after the probationary period the agreement may be cancelled at the request of the apprentice, or suspended, cancelled or terminated by the sponsor for good cause, with due notice to the apprentice and a reasonable opportunity for corrective action, and with written notice to the apprentice and the State Apprenticeship Council of the final action taken. 9. A reference incorporating as part of the agreement the standards of the program as it exists on the date of the agreement and as it may be amended during the period of the agreement. – 4 – - 10. A statement that the apprentice will be accorded equal opportunity in all phases of employment and training as an apprentice without discrimination because of race, color, creed, sex, sexual orientation, gender identity or expression, religion or disability. 11. A statement naming the State Apprenticeship Council as the authority designated pursuant to NRS 610.180 to receive, process and dispose of controversies or differences arising out of the agreement when the controversies or differences cannot be adjusted locally or resolved in accordance with the program or collective bargaining agreements. 12. Such additional terms and conditions as are prescribed or approved by the State Apprenticeship Council not inconsistent with the provisions of this chapter. Sec. 4. NRS 610.185 is hereby amended to read as follows: 610.185 The State Apprenticeship Council shall suspend for 1 year the right of any employer, association of employers or organization of employees acting as agent for an employer to participate in a program under the provisions of this chapter if the Nevada Equal Rights Commission, after notice and hearing, finds that the employer, association or organization has discriminated against an apprentice because of race, color, creed, sex, sexual orientation, gender identity or expression, religion, disability or national origin in violation of this chapter. Sec. 5. NRS 613.310 is hereby amended to read as follows: 613.310 As used in NRS 613.310 to 613.435, inclusive, unless the context otherwise requires: 1. “Disability” means, with respect to a person: (a) A physical or mental impairment that substantially limits one or more of the major life activities of the person, including, without limitation, the human immunodeficiency virus; (b) A record of such an impairment; or (c) Being regarded as having such an impairment. 2. “Employer” means 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, but does not include: (a) The United States or any corporation wholly owned by the United States. (b) Any Indian tribe. (c) Any private membership club exempt from taxation pursuant to 26 U.S.C. § 501(c). – 5 – - 3. “Employment agency” means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer, but does not include any agency of the United States. 4. “Gender identity or expression” means a gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth. 5. “Labor organization” means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or other conditions of employment. [5.] 6. “Person” includes the State of Nevada and any of its political subdivisions. [6.] 7. “Sexual orientation” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality. Sec. 6. NRS 613.320 is hereby amended to read as follows: 613.320 1. The provisions of NRS 613.310 to 613.435, inclusive, do not apply to: (a) Any employer with respect to employment outside this state. (b) Any religious corporation, association or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of its religious activities. 2. The provisions of NRS 613.310 to 613.435, inclusive, concerning unlawful employment practices related to sexual orientation and gender identity or expression do not apply to an organization that is exempt from taxation pursuant to 26 U.S.C. § 501(c)(3). Sec. 7. NRS 613.330 is hereby amended to read as follows: 613.330 1. Except as otherwise provided in NRS 613.350, it is an unlawful employment practice for an employer: (a) To fail or refuse to hire or to discharge any person, or otherwise to discriminate against any person with respect to the person’s compensation, terms, conditions or privileges of employment, because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin; or (b) To limit, segregate or classify an employee in a way which would deprive or tend to deprive the employee of employment opportunities or otherwise adversely affect his or her status as an – 6 – - employee, because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin. 2. It is an unlawful employment practice for an employment agency to: (a) Fail or refuse to refer for employment, or otherwise to discriminate against, any person because of the race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin of that person; or (b) Classify or refer for employment any person on the basis of the race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin of that person. 3. It is an unlawful employment practice for a labor organization: (a) To exclude or to expel from its membership, or otherwise to discriminate against, any person because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin; (b) To limit, segregate or classify its membership, or to classify or fail or refuse to refer for employment any person, in any way which would deprive or tend to deprive the person of employment opportunities, or would limit the person’s employment opportunities or otherwise adversely affect the person’s status as an employee or as an applicant for employment, because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin; or (c) To cause or attempt to cause an employer to discriminate against any person in violation of this section. 4. It is an unlawful employment practice for any employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining, including, without limitation, on-the-job training programs, to discriminate against any person because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin in admission to, or employment in, any program established to provide apprenticeship or other training. 5. It is an unlawful employment practice for any employer, employment agency, labor organization or joint labor-management committee to discriminate against a person with a disability by interfering, directly or indirectly, with the use of an aid or appliance, including, without limitation, a service animal, by such a person. 6. It is an unlawful employment practice for an employer, directly or indirectly, to refuse to permit an employee with a – 7 – - disability to keep the employee’s service animal with him or her at all times in his or her place of employment. 7. As used in this section, “service animal” has the meaning ascribed to it in NRS 426.097. Sec. 8. NRS 613.340 is hereby amended to read as follows: 613.340 1. It is an unlawful employment practice for an employer to discriminate against any of his or her employees or applicants for employment, for an employment agency to discriminate against any person, or for a labor organization to discriminate against any member thereof or applicant for membership, because the employee, applicant, person or member, as applicable, has opposed any practice made an unlawful employment practice by NRS 613.310 to 613.435, inclusive, or because he or she has made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under NRS 613.310 to 613.435, inclusive. 2. It is an unlawful employment practice for an employer, labor organization or employment agency to print or publish or cause to be printed or published any notice or advertisement relating to employment by such an employer or membership in or any classification or referral for employment by such a labor organization, or relating to any classification or referral for employment by such an employment agency, indicating any preference, limitation, specification or discrimination, based on race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin, except that such a notice or advertisement may indicate a preference, limitation, specification or discrimination based on religion, sex, sexual orientation, gender identity or expression, age, physical, mental or visual condition or national origin when religion, sex, sexual orientation, gender identity or expression, age, physical, mental or visual condition or national origin is a bona fide occupational qualification for employment. Sec. 9. NRS 613.350 is hereby amended to read as follows: 613.350 1. It is not an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify or refer for employment any person, for a labor organization to classify its membership or to classify or refer for employment any person, or for an employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ any person in any such program, on the basis of his or her religion, sex, sexual orientation, gender identity or expression, age, disability or national – 8 – - origin in those instances where religion, sex, sexual orientation, gender identity or expression, age, physical, mental or visual condition or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise. 2. It is not an unlawful employment practice for an employer to fail or refuse to hire and employ employees, for an employment agency to fail to classify or refer any person for employment, for a labor organization to fail to classify its membership or to fail to classify or refer any person for employment, or for an employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining programs to fail to admit or employ any person in any such program, on the basis of a disability in those instances where physical, mental or visual condition is a bona fide and relevant occupational qualification necessary to the normal operation of that particular business or enterprise, if it is shown that the particular disability would prevent proper performance of the work for which the person with a disability would otherwise have been hired, classified, referred or prepared under a training or retraining program. 3. It is not an unlawful employment practice for an employer to fail or refuse to hire or to discharge a person, for an employment agency to fail to classify or refer any person for employment, for a labor organization to fail to classify its membership or to fail to classify or refer any person for employment, or for an employer, labor organization or joint labor-committee controlling apprenticeship or other training or retraining programs to fail to admit or employ any person in any such program, on the basis of his or her age if the person is less than 40 years of age. 4. It is not an unlawful employment practice for a school, college, university or other educational institution or institution of learning to hire and employ employees of a particular religion if the school or institution is, in whole or in substantial part, owned, supported, controlled or managed by a particular religion or by a particular religious corporation, association or society, or if the curriculum of the school or institution is directed toward the propagation of a particular religion. 5. It is not an unlawful employment practice for an employer to observe the terms of any bona fide plan for employees’ benefits, such as a retirement, pension or insurance plan, which is not a subterfuge to evade the provisions of NRS 613.310 to 613.435, inclusive, as they relate to discrimination against a person because – 9 – - of age, except that no such plan excuses the failure to hire any person who is at least 40 years of age. 6. It is not an unlawful employment practice for an employer to require employees to adhere to reasonable workplace appearance, grooming and dress standards so long as such requirements are not precluded by law, except that an employer shall allow an employee to appear, groom and dress consistent with the employee’s gender identity or expression. Sec. 10. NRS 613.380 is hereby amended to read as follows: 613.380 Notwithstanding any other provision of NRS 613.310 to 613.435, inclusive, it is not an unlawful employment practice for an employer to apply different standards of compensation, or different terms, conditions or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, if those differences are not the result of an intention to discriminate because of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin, nor is it an unlawful employment practice for an employer to give and to act upon the results of any professionally developed ability test, if the test, its administration or action upon the results is not designed, intended or used to discriminate because of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin. Sec. 11. NRS 613.400 is hereby amended to read as follows: 613.400 Nothing contained in NRS 613.310 to 613.435, inclusive, requires any employer, employment agency, labor organization or joint labor-management committee subject to NRS 613.310 to 613.435, inclusive, to grant preferential treatment to any person or to any group because of the race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin of the individual or group on account of an imbalance which exists with respect to the total number or percentage of persons of any race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to, or employed in, any apprenticeship or other training program, in comparison with the total number or percentage of persons of that race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin in any – 10 – - community, section or other area, or in the available workforce in any community, section or other area. Sec. 12. NRS 613.405 is hereby amended to read as follows: 613.405 Any person injured by an unlawful employment practice within the scope of NRS 613.310 to 613.435, inclusive, may file a complaint to that effect with the Nevada Equal Rights Commission if the complaint is based on discrimination because of race, color, sex, sexual orientation, gender identity or expression, age, disability, religion or national origin. Sec. 13. NRS 233.010 is hereby amended to read as follows: 233.010 1. It is hereby declared to be the public policy of the State of Nevada to protect the welfare, prosperity, health and peace of all the people of the State, and to foster the right of all persons reasonably to seek, obtain and hold [employment and] housing accommodations without discrimination, distinction or restriction because of race, religious creed, color, age, sex, disability, national origin or ancestry. 2. It is hereby declared to be the public policy of the State of Nevada to protect the welfare, prosperity, health and peace of all the people of the State, and to foster the right of all persons reasonably to seek and be granted services in places of public accommodation without discrimination, distinction or restriction because of race, religious creed, color, age, sex, disability, sexual orientation, national origin or ancestry. 3. It is hereby declared to be the public policy of the State of Nevada to protect the welfare, prosperity, health and peace of all the people of the State, and to foster the right of all persons reasonably to seek, obtain and hold employment without discrimination, distinction or restriction because of race, religious creed, color, age, sex, disability, sexual orientation, gender identity or expression, national origin or ancestry. 4. It is recognized that the people of this State should be afforded full and accurate information concerning actual and alleged practices of discrimination and acts of prejudice, and that such information may provide the basis for formulating statutory remedies of equal protection and opportunity for all citizens in this State. Sec. 14. NRS 233.020 is hereby amended to read as follows: 233.020 As used in this chapter: 1. “Administrator” means the Administrator of the Commission. 2. “Commission” means the Nevada Equal Rights Commission within the Department of Employment, Training and Rehabilitation. – 11 – - 3. “Disability” means, with respect to a person: (a) A physical or mental impairment that substantially limits one or more of the major life activities of the person; (b) A record of such an impairment; or (c) Being regarded as having such an impairment. 4. “Gender identity or expression” means a gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth. 5. “Member” means a member of the Nevada Equal Rights Commission. [5.] 6. “Sexual orientation” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality. Sec. 15. NRS 233.150 is hereby amended to read as follows: 233.150 The Commission may: 1. Order its Administrator to: (a) With regard to public accommodation, investigate tensions, practices of discrimination and acts of prejudice against any person or group because of race, color, creed, sex, age, disability, sexual orientation, national origin or ancestry, and may conduct hearings with regard thereto. (b) With regard to [employment and] housing, investigate tensions, practices of discrimination and acts of prejudice against any person or group because of race, color, creed, sex, age, disability, national origin or ancestry, and may conduct hearings with regard thereto. (c) With regard to employment, investigate tensions, practices of discrimination and acts of prejudice against any person or group because of race, color, creed, sex, age, disability, sexual orientation, gender identity or expression, national origin or ancestry, and may conduct hearings with regard thereto. 2. Mediate between or reconcile the persons or groups involved in those tensions, practices and acts. 3. Issue subpoenas for the attendance of witnesses or for the production of documents or tangible evidence relevant to any investigations or hearings conducted by the Commission. 4. Delegate its power to hold hearings and issue subpoenas to any of its members or any hearing officer in its employ. 5. Adopt reasonable regulations necessary for the Commission to carry out the functions assigned to it by law. Sec. 16. NRS 281.370 is hereby amended to read as follows: 281.370 1. All personnel actions taken by state, county or municipal departments, housing authorities, agencies, boards or – 12 – - appointing officers thereof must be based solely on merit and fitness. 2. State, county or municipal departments, housing authorities, agencies, boards or appointing officers thereof shall not refuse to hire a person, discharge or bar any person from employment or discriminate against any person in compensation or in other terms or conditions of employment because of the person’s race, creed, color, national origin, sex, sexual orientation, gender identity or expression, age, political affiliation or disability, except when based upon a bona fide occupational qualification. 3. As used in this section: (a) “Disability” means, with respect to a person: (1) A physical or mental impairment that substantially limits one or more of the major life activities of the person; (2) A record of such an impairment; or (3) Being regarded as having such an impairment. (b) “Gender identity or expression” means a gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth. (c) “Sexual orientation” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality. Sec. 17. NRS 338.125 is hereby amended to read as follows: 338.125 1. It is unlawful for any contractor in connection with the performance of work under a contract with a public body, when payment of the contract price, or any part of such payment, is to be made from public money, to refuse to employ or to discharge from employment any person because of his or her race, color, creed, national origin, sex, sexual orientation , gender identity or expression, or age, or to discriminate against a person with respect to hire, tenure, advancement, compensation or other terms, conditions or privileges of employment because of his or her race, creed, color, national origin, sex, sexual orientation , gender identity or expression, or age. 2. Contracts between contractors and public bodies must contain the following contractual provisions: In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, sexual orientation , gender identity or expression, or age, including, without limitation, with regard to employment, upgrading, demotion or transfer, – 13 – - recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including, without limitation, apprenticeship. The contractor further agrees to insert this provision in all subcontracts hereunder, except subcontracts for standard commercial supplies or raw materials. 3. Any violation of such provision by a contractor constitutes a material breach of contract. 4. As used in this section [, “sexual] : (a) “Gender identity or expression” means a gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth. (b) “Sexual orientation” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality. 20 ~~~~~ 11