Pursuant to NRS 613.335 and sections 2 to 8, inclusive, of the Nevada Pregnant Workers’ Fairness Act (effective October 1, 2017) employees have the right to be free from discriminatory or unlawful employment practices based on pregnancy, childbirth, or a related medical condition.
Under the Act, it is unlawful for employers to:
- Deny a reasonable accommodation to female employees and applicants, upon request, for a condition related to pregnancy, childbirth, or a related medical condition, unless an accommodation would impose an undue hardship on the business of the employer.
- Take adverse employment actions against a female employee because the employee requests or uses a reasonable accommodation.
- Deny an employment opportunity to a qualified female employee or applicant based on a need for a reasonable accommodation.
- Require a female employee or applicant to accept an accommodation that the employee or applicant did not request or chooses not to accept or to take leave from employment if an accommodation is available.
Under the act, an employer may:
- Require a female employee to submit written medical certification from the employee’s physician substantiating the need for an accommodation because of pregnancy, childbirth, or related medical conditions, and the specific accommodation recommended by the physician.
For further information regarding the Act, contact the Nevada Equal Rights Commission or call Solutions At Work at 775-828-7420.