Employment Law

Sexual Harassment

Sexual harassment is a form of sex discrimination and is considered employment discrimination under Title VII of the Civil Rights Act of 1964. It is illegal under federal laws as well as under Nevada state law. It can take place in many different situations. The harasser can be the supervisor, employee, coworker or non-employee, and it can occur without any economic injury to the victim.

Hostile Work Environment

A hostile work environment is created when an employee is harassed to the point where he or she fears going to work due to the offensive or oppressive actions of the employee. It can also occur when company management acts in a way that causes the employee to quit as retaliation for company action.

Discrimination Based on Race or Religion

Members of the workforce in the United States are protected against discrimination based on race or religion under Title VII of the Civil Rights Act of 1964. It applies to most employers with more than fifteen employees, as well as labor organizations and employment agencies. Employment agencies are prohibited from discriminating when choosing to refer or hire applicants, and labor organizations cannot base either membership or union classification on a protected class.

Wage Claims Under the Fair Labor Standards Act (FLSA)

Wage claims under the FLSA usually deal with issues involving overtime or working off the clock. United States laws require that employers compensate their employees for all hours worked over the standard 40-hour work week, at one and a half times their regular rate. Employers cannot force employees to work off the clock. This includes requiring an employee to do any work-related activities before or after a scheduled shift.

Tortious Discharge in Violation of Public Policy

This occurs when an employer wrongfully terminates an employee for a reason that violates public policy. Examples include termination of an employee for performing jury duty, or for refusing to violate state or national laws.

Age Discrimination

The Age Discrimination in Employment Act was enacted in 1967 to protect members of the workforce. It prohibits any discrimination in hiring, promotions, wages or layoff, stating age preferences or limits in job ads, denying benefits to older employees, and most mandatory retirement.

Gender Discrimination

In 2011, Nevada added gender as a class protected from employment discrimination. Under the new law, a person’s gender identity or expression is defined as “gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth”. It is now illegal to fail to hire, fire, or otherwise discriminate against an employee based on his or her gender. This protects against discrimination based on transgender status, but also any other expression, behavior or appearance related to one’s gender.