Sexual Harassment Training Laws in Nevada
Nevada sexual harassment laws are very similar to many states requiring workplace classes & training. Essentially, sexual harassment is a form of discrimination and can also be a crime, in Nevada. This discrimination & workplace harassment or possible criminal behavior violates both the US civil rights law of 1964 and Nevada state law.
Fedaral law of 1964 . . . . passed by President London Johnson
This federal law is activated by an investigation of the Equal Employment Opportunity Commission, if the harassment or discriminatory activity occurs by a company with more than 15 employees. A “complaint needs to be filed with the EEOC soon after the most recent incident of harassment ( 300 days pr less) after receiving a complaint, the EEOC will initiate an investigation. This is a requirement before the pending case can move on to federal court.
The EEOC has two categories of sexual harassment, quid pro quo and hostile work environment:
- Quid Pro Quo …… This means that something is given for something else, or this for that. An employee, for example, is given the option of promotion & more money, if they grant sexual favors. However, if an employee rejects sexual advances from a manager and suddenly is fired, or demoted, they have probably been exposed to overt sexual harassment of a workplace nature, and Quid Pro Quo.
- Hostile Workplace ……. This covers several general forms of harassment, and is generally lumped into a broad category of hostile workplace harassment. In a hostile environment, the employee can suffer from many forms of Harassment, which will preclude the employee from doing their job in a professional & competent manner.
The most common forms of Hostile work environment:
- Unwelcome conduct
- Victim Retaliation
- Intimation of a bullying or sexual nature
- Off color jokes
- homophobic comments
- unnecessary teasing or flirting
- Offensive language,
- Touching
- Gestures
- Repeated requests for personal social contact
- Unwanted emails
- Lewd pictures
- Internet materials
Nevada State Law
The Nevada Equal Rights Commission defines sexual harassment as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature “…that explicitly or implicitly affects and individual’s employment creating a intimidating, hostile or offensive work environment” The NERC specifically states that the harassment victim does not have to be from the opposite sex.The victim also, may not always be the employee harassed, but possibly any employee affected by the above examples of a hostile work environment. Their conduct must be unwelcome and can be initiated from a co-worker, or a non-employee. For example, the state of Nevada has had harassment claims filed by casino employees doing their job in a professional manner against offensive and harassing casino customers. This is against the law.
CRIMINAL LAW
Sexual harassment can be considered a crime under the criminal statutes in Nevada. Listed below are a few criminal offenses that can be sexual harassment.
Pepping, stalking, or unnatural observations into a dwelling. NRS 200.603:
Stalking, NRS 200.575:
Stalking is trying to force communication or responses from a individual, who is uninterested in this contact. This is simply, unwelcome contact. An example of stalking is following a person for a long period of time, creating a possible dangerous and uncomfortable social situation,
What to do after being harassed in Nevada?
When an employee suffers sexual harassment in Nevada, the first step they should take is to follow their specific company guidelines regarding harassment and HR policies.There is aspecific Nevada law against any form of retaliation following the employee reporting the harassment issues to their manager or HR .This should be followed with a specific complaint with the EEOC before 300 days have elapsed after the workplace incident.
