NRS
613.420 Nevada Equal Rights Commission to issue letter and right-to-sue
notice after unfavorable decision by Commission; civil action in district court
for order to restore rights.
1. If the Nevada Equal Rights Commission
does not conclude that an unfair employment practice within the scope of NRS 613.310 to 613.4383, inclusive, has occurred, the
Commission shall issue:
(a) A letter to the person who filed the
complaint pursuant to NRS 613.405
notifying the person of his or her rights pursuant to subsection 2.
(b) A right-to-sue notice. The right-to-sue
notice must indicate that the person may, not later than 90 days after the date
of receipt of the right-to-sue notice, bring a civil action in district court
against the person named in the complaint.
(c) To the person who filed the complaint
pursuant to NRS 613.405, basic
information relating to:
(1) Filing a charge alleging an unlawful
employment practice with the United States Equal Employment Opportunity
Commission; and
(2) The process by which the United States
Equal Employment Opportunity Commission conducts a review of the Nevada Equal
Rights Commission’s conclusion pursuant to 42 U.S.C. § 2000e-5(b).
2. If the Nevada Equal Rights Commission
has issued a right-to-sue notice pursuant to this section or NRS 613.412, the person alleging such a
practice has occurred may bring a civil action in the district court not later
than 90 days after the date of receipt of the right-to-sue notice for any
appropriate relief, including, without limitation, an order granting or
restoring to that person the rights to which the person is entitled under those
sections.
(Added to NRS by 1965,
694; A 1975,
223; 1983,
518; 2017,
1788; 2019,
549, 3759;
2021,
1704)
Notes of Decisions
Roberts v. Clark Cnty. Sch. Dist., 215 F. Supp. 3d 1001 (D. Nev. 2016).
· cites it 3× “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…”
Palmer v. State, 787 P.2d 803 (Nev. 1990).
· cites it 5× “At the outset, we acknowledge that the legislature intended that claims involving employment discrimination were to be administratively exhausted prior to seeking redress in the district courts.”
D'Angelo v. Gardner, 819 P.2d 206 (Nev. 1991).
· cites it 2× “In Valgardson the plaintiffs recovered back pay pursuant to the statutory remedy available under NRS 613.420 and NRS 233.170. In addition, plaintiffs received an additional equal amount as liquidated damages pursuant to the provisions of the ADEA upon proof of willfulness.”
Pope v. Motel 6, 114 P.3d 277 (Nev. 2005).
“However, NRS 613.420 requires an employee alleging employment discrimination to exhaust her administrative remedies by filing a complaint with NERC before filing a district court action.”
Salloum Vs. Boyd Gaming Corp., 2021 NV 56 (Nev. 2021).
· cites it 2× “430 provided, No action authorized by NRS 613.420 i-nay be brought more than 180 days after the date of the act complained of -H- or more than 90 days after the date of the receipt of the right-to-sue notice pursuant to ÍNRS 613.”
Sands Regent v. Valgardson, 777 P.2d 898 (Nev. 1989).
“Under NRS 613.420 and NRS 233.170, respondents were entitled to “back pay for a period not to exceed two years after the date of the most recent unlawful practice.”
Copeland v. Desert Inn Hotel, 673 P.2d 490 (Nev. 1983).
“NRS 613.420 grants to any person injured by an unfair employment practice within the scope of NRS 613.”
Hay v. Wells Cargo, Inc., 596 F. Supp. 635 (D. Nev. 1984).
“NRS 613.420. However, such relief must be sought within 180 days of the date of the act complained of.”
Nunez v. Sahara Nevada Corp., 677 F. Supp. 1471 (D. Nev. 1988).
“300 provides for injunctive relief for a violation of the same sections; § 613.420 creates a private cause of action in favor of any person alleging unfair employment practices under §§ 613.”
Cabrera v. Serv. Employees Int'l Union (D. Nev. 2020).
· cites it 3× “16 However, NRS 613.420 requires an employee alleging employment discrimination to exhaust her 17 administrative remedies by filing a complaint with [the Nevada Equal Rights Commission 18 (“NERC”)] before filing a district court action.”
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