Nevada Administrative Code Chapter 233 - Nevada Equal Rights Commission
📌 Background: NAC Chapter 233
NAC 233 establishes rules for the Nevada Equal Rights Commission and provides guidance on:
Complaint procedures – How individuals file complaints alleging discrimination.
Investigation process – How NERC investigates claims of discrimination in employment, housing, and public accommodations.
Mediation and resolution – Voluntary settlement and conciliation procedures.
Hearings and enforcement – Procedures for formal hearings, findings, and orders.
Agency and employer responsibilities – Requirements for recordkeeping, reporting, and compliance.
🧑⚖️ Case 1: Workplace Discrimination – Gender Bias
Situation
An employee filed a complaint against their employer alleging gender-based pay discrimination. The employee claimed she was paid less than male colleagues for the same position.
Relevant NAC Rules
NAC 233.100 outlines procedures for filing employment discrimination complaints.
NAC 233.210 allows NERC to investigate allegations of wage discrimination based on protected characteristics such as sex.
Issue
The employer denied any discrimination, claiming pay differences were based on experience.
Outcome
NERC conducted a document review and interviews.
Investigation found that male employees with similar experience were indeed paid more.
NERC ordered back pay adjustments and training on pay equity for the employer.
Lesson: NERC enforces wage equity and ensures employees are protected from gender-based pay discrimination.
🧑⚖️ Case 2: Housing Discrimination – Disability
Situation
A tenant alleged that a landlord refused to allow a reasonable accommodation for a service animal in a no-pet apartment.
Relevant NAC Rules
NAC 233.150 addresses housing discrimination complaints and procedures for investigating alleged violations of the Fair Housing Act.
Issue
The landlord argued that no pets were allowed under policy, ignoring disability accommodation requirements.
Outcome
NERC investigated and confirmed that refusal violated disability rights under state law.
Landlord was ordered to allow the service animal, attend disability accommodation training, and pay a settlement for damages.
Lesson: Housing providers must provide reasonable accommodations for individuals with disabilities, and refusal can lead to enforcement actions.
🧑⚖️ Case 3: Public Accommodation Discrimination – Race
Situation
A customer alleged that a restaurant refused service based on their race.
Relevant NAC Rules
NAC 233.160 allows complaints regarding denial of services in public accommodations.
Issue
The restaurant denied the allegation, stating they were following seating protocols.
Outcome
NERC conducted witness interviews and reviewed security footage, confirming discriminatory behavior.
The restaurant was ordered to undergo anti-discrimination training and adopt written policies ensuring compliance.
Lesson: Public accommodations cannot discriminate based on race, color, religion, sex, or other protected characteristics.
🧑⚖️ Case 4: Retaliation Complaint
Situation
An employee filed a complaint claiming retaliation after reporting sexual harassment. They were demoted shortly after reporting the incident.
Relevant NAC Rules
NAC 233.110 prohibits retaliation against individuals who file complaints or participate in investigations.
Issue
The employer claimed the demotion was unrelated to the complaint.
Outcome
NERC’s investigation showed that the timing and internal communications suggested a retaliatory motive.
NERC ordered reinstatement, back pay, and additional employer training.
Lesson: Retaliation against individuals exercising their rights is prohibited and subject to enforcement.
🧑⚖️ Case 5: Failure to Maintain Records
Situation
An employer was found to have failed to maintain records of employee complaints, investigations, and corrective actions.
Relevant NAC Rules
NAC 233.220 requires employers to maintain records of employment practices and cooperate with NERC investigations.
Issue
Incomplete records made it difficult to assess whether proper anti-discrimination procedures were followed.
Outcome
NERC issued a compliance directive, requiring proper recordkeeping, and imposed a fine for noncompliance.
Employer adopted a new reporting system to track complaints and resolutions.
Lesson: Proper recordkeeping is essential for compliance and can affect outcomes of investigations.
🧑⚖️ Case 6: Mediation Resolution
Situation
Two employees filed complaints about harassment and hostile work environment. The employer requested mediation instead of formal investigation.
Relevant NAC Rules
NAC 233.180 provides for voluntary mediation and conciliation to resolve disputes before formal hearings.
Issue
The parties sought a resolution without the time and expense of a formal investigation.
Outcome
NERC facilitated a mediated settlement including: anti-harassment training, policy updates, and compensation for the employees.
Complaint was closed without a formal hearing.
Lesson: NERC encourages mediation as an effective way to resolve disputes while ensuring compliance with anti-discrimination laws.
🔑 Key Themes from NAC Chapter 233
Comprehensive complaint procedures – NERC investigates discrimination in employment, housing, and public accommodations.
Protection against retaliation – Employees and complainants are protected from adverse actions after filing complaints.
Mandatory employer cooperation – Agencies and employers must maintain records and comply with investigations.
Enforcement and remedies – NERC can order training, policy changes, back pay, and damages.
Alternative dispute resolution – Mediation and conciliation are encouraged to resolve disputes efficiently.
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