SB160 - Revises provisions relating to the Nevada Equal Rights Commission. (BDR 18-82)

- 83rd Session (2025) Senate Bill No. 160–Senator Neal CHAPTER.......... AN ACT relating to discriminatory practices; moving the Nevada Equal Rights Commission from the Department of Employment, Training and Rehabilitation to the Office of the Attorney General; revising certain duties of the Commission; establishing certain requirements relating to attorneys and paralegals who provide services to or are employed by the Commission; setting forth certain requirements relating to the final disposition of a complaint alleging an unlawful discriminatory practice; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law creates the Nevada Equal Rights Commission within the Department of Employment, Training and Rehabilitation. (Chapter 233 of NRS) Sections 2-30 of this bill: (1) move the Commission from the Department to the Office of the Attorney General; and (2) reorganize certain provisions relating to the Commission. Section 46 of this bill repeals the provisions of existing law which establish the Commission within the Department. Consistent with the repeal and relocation of the Commission, sections 31-38 of this bill revise certain references to provisions of existing law relating to the Commission. Sections 41 and 42 of this bill: (1) require the Attorney General to appoint the members of the Commission and the Administrator of the Commission as soon as practicable after July 1, 2025; and (2) provide that the existing members and Administrator, if qualified, may continue to serve until the Attorney General appoints the new members and Administrator. Existing law requires the Commission to carry out certain duties. (NRS 233.140) Section 12 requires the Commission to prepare and publish on the Internet website of the Commission a summary of the process by which a person may file an appeal with the United States Equal Employment Opportunity Commission. Under existing law, the Commission is authorized to investigate and conduct hearings concerning acts of prejudice with regard to housing, employment and public accommodations. (NRS 233.150) Section 15 requires: (1) an attorney who is employed by, contracts with or provides volunteer services to the Commission to review any complaint filed with the Commission alleging an unlawful discriminatory practice and prepare all findings of fact and final disposition of the complaint; (2) a paralegal who is employed by the Commission to annually complete a minimum number of hours established by the Commission of continuing education in certain areas relating to the work of the Commission; and (3) the Commission to establish programs for law students to intern with the Commission and attorneys to volunteer legal services to the Commission. Under existing law, if the Commission conducts an investigation of a complaint which alleges an unlawful discriminatory practice in housing, the Commission must make a final disposition of the complaint within 1 year after the date the Commission receives the complaint, unless it is impracticable to do so. (NRS 233.165) Sections 19 and 21 require that if the Commission conducts an investigation of a complaint alleging an unlawful discriminatory practice in housing, the Commission must make a final disposition of the complaint within 18 – 2 – - 83rd Session (2025) months after the date the complaint is received, unless the Commission determines it is impracticable to do so. If the Commission determines it is impracticable, section 21 requires the Commission to send to the complainant and the person against whom the complaint was filed a statement informing the parties of its reasons for not making a final disposition of the complaint within that period. Section 21 also prohibits the Commission from closing a complaint without a final disposition, unless the complainant has verbally or physically abused or threatened a member of the Commission. EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 228 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 30, inclusive, of this act. Sec. 2. 1. It is hereby declared to be the public policy of the State of Nevada to protect the welfare, prosperity, health and peace of all the people of the State, and to foster the right of all persons reasonably to seek and obtain housing accommodations without discrimination, distinction or restriction because of race, religious creed, color, age, sex, disability, sexual orientation, gender identity or expression, national origin or ancestry. 2. It is hereby declared to be the public policy of the State of Nevada to protect the welfare, prosperity, health and peace of all the people of the State, and to foster the right of all persons reasonably to seek and be granted services in places of public accommodation without discrimination, distinction or restriction because of race, religious creed, color, age, sex, disability, sexual orientation, gender identity or expression, national origin or ancestry. 3. It is hereby declared to be the public policy of the State of Nevada to protect the welfare, prosperity, health and peace of all the people of the State, and to foster the right of all persons reasonably to seek, obtain and hold employment without discrimination, distinction or restriction because of race, religious creed, color, age, sex, disability, sexual orientation, gender identity or expression, national origin or ancestry. As used in this subsection: (a) “Protective hairstyle” includes, without limitation, hairstyles such as natural hairstyles, afros, bantu knots, curls, braids, locks and twists. (b) “Race” includes traits associated with race, including, without limitation, hair texture and protective hairstyles. – 3 – - 83rd Session (2025) 4. It is recognized that the people of this State should be afforded full and accurate information concerning actual and alleged practices of discrimination and acts of prejudice, and that such information may provide the basis for formulating statutory remedies of equal protection and opportunity for all citizens in this State. Sec. 3. As used in sections 2 to 30, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 7, inclusive, of this act, have the meanings ascribed to them in those sections. Sec. 4. “Administrator” means the Administrator of the Commission. Sec. 5. “Commission” means the Nevada Equal Rights Commission in the Office of the Attorney General. Sec. 6. “Disability” means, with respect to a person: 1. A physical or mental impairment that substantially limits one or more of the major life activities of the person; 2. A record of such an impairment; or 3. Being regarded as having such an impairment. Sec. 7. “Member” means a member of the Nevada Equal Rights Commission. Sec. 8. 1. The Nevada Equal Rights Commission is hereby created in the Office of the Attorney General. 2. The Commission consists of five members appointed by the Attorney General. The members of the Commission must be representative of all groups, including, without limitation, those based on religion, disability, race, ethnicity, sexual orientation and gender identity or expression, and representative of both sexes in the State. 3. Each member of the Commission is entitled to receive a salary of not more than $80, as fixed by the Commission, for each day actually employed on the work of the Commission. 4. While engaged in the business of the Commission, each member and employee of the Commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. Sec. 9. 1. The Attorney General shall appoint a Chair of the Commission and the members shall elect a Secretary from the membership of the Commission. 2. The Commission may meet regularly at least twice a year on the call of the Chair at a place designated by the Chair or a majority of the Commission. – 4 – - 83rd Session (2025) 3. The employees of the Commission are in the classified service of the State. Sec. 10. 1. The Attorney General shall appoint an Administrator of the Commission. The Administrator must have had successful experience in the administration and promotion of a program comparable to the program provided by sections 2 to 30, inclusive, of this act. 2. The Administrator shall: (a) Be jointly responsible to the Attorney General and the Commission; (b) Directly supervise all the technical and administrative activities of the Commission; and (c) Perform any lawful act which the Administrator considers necessary or desirable to carry out the purposes and provisions of sections 2 to 30, inclusive, of this act. 3. On or before January 15 of each odd-numbered year, the Administrator shall prepare and submit a report concerning the activities of the Commission to the Attorney General and the Director of the Legislative Counsel Bureau. The Director of the Legislative Counsel Bureau shall cause the report to be made available to each Senator and member of the Assembly. Sec. 11. The Attorney General may designate another agency to perform the duties and functions of the Commission set forth in sections 13 and 18 to 22, inclusive, of this act. Sec. 12. The Commission shall: 1. Foster mutual understanding and respect among all groups, including, without limitation, those based on race, religion, disability, ethnicity, sexual orientation and gender identity or expression, and between the sexes in the State. 2. Aid in securing equal health and welfare services and facilities for all the residents of the State without regard to race, religion, sex, sexual orientation, gender identity or expression, age, disability or nationality. 3. Study problems arising between groups within the State which may result in tensions, discrimination or prejudice because of race, color, creed, sex, sexual orientation, gender identity or expression, age, disability, national origin or ancestry, and formulate and carry out programs of education and disseminate information with the objective of discouraging and eliminating any such tensions, prejudices or discrimination. 4. Secure the cooperation of various groups, including, without limitation, those based on race, religion, sex, sexual orientation, gender identity or expression, age, disability, – 5 – - 83rd Session (2025) nationality and ethnicity, veterans’ organizations, labor organizations, business and industry organizations and fraternal, benevolent and service groups, in educational campaigns devoted to the need for eliminating group prejudice, racial or area tensions, intolerance or discrimination. 5. Cooperate with and seek the cooperation of federal and state agencies and departments in carrying out projects within their respective authorities to eliminate intergroup tensions and to promote intergroup harmony. 6. Develop and carry out programs of education and disseminate information as necessary to inform employers, employees, employment agencies and job applicants about their rights and responsibilities set forth in NRS 613.4353 to 613.4383, inclusive. 7. Prepare and publish a summary on the Internet website of the Commission which describes the process by which a person may file an appeal with the United States Equal Employment Opportunity Commission pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., or NRS 613.420, which must include, without limitation, a sample appeal. Sec. 13. The Commission may: 1. Order the Administrator to: (a) With regard to public accommodation, investigate tensions, practices of discrimination and acts of prejudice against any person or group because of race, color, creed, sex, age, disability, sexual orientation, national origin, ancestry or gender identity or expression and may conduct hearings with regard thereto. (b) With regard to housing, investigate tensions, practices of discrimination and acts of prejudice against any person or group because of race, color, creed, sex, age, disability, sexual orientation, gender identity or expression, national origin or ancestry, and may conduct hearings with regard thereto. (c) With regard to employment, investigate: (1) Tensions, practices of discrimination and acts of prejudice against any person or group because of race, color, creed, sex, age, disability, sexual orientation, gender identity or expression, national origin or ancestry, and may conduct hearings with regard thereto; and (2) Any unlawful employment practice by an employer pursuant to the provisions of NRS 613.4353 to 613.4383, inclusive, and may conduct hearings with regard thereto.  As used in this paragraph, “race” includes traits associated with race, including, without limitation, hair texture and – 6 – - 83rd Session (2025) protective hairstyles, as defined in paragraph (a) of subsection 3 of section 2 of this act. 2. Mediate between or reconcile the persons or groups involved in the tensions, practices and acts described in subsection 1. 3. Issue subpoenas for the attendance of witnesses or for the production of documents or tangible evidence relevant to any investigations or hearings conducted by the Commission. 4. Delegate its power to hold hearings and issue subpoenas to a member or any hearing officer employed by the Commission. 5. Adopt reasonable regulations necessary for the Commission to carry out the functions assigned to it by law. Sec. 14. 1. The Commission shall not contract with or enter into a memorandum of understanding with the United States Department of Housing and Urban Development for the Commission to investigate and enforce laws relating to fair housing as a certified agency unless the Legislature, by resolution or other appropriate legislative measure, expressly authorizes the Commission to do so. 2. As used in this section: (a) “Certified agency” has the meaning ascribed to it in 24 C.F.R. § 115.100(c). The term includes the certification of an agency as substantially equivalent as described in 42 U.S.C. § 3610(f)(3)(A) and 24 C.F.R. Part 115, Subpart B. (b) “Memorandum of understanding” means the memorandum of understanding described in 24 C.F.R. § 115.205. Sec. 15. 1. An attorney who is employed by, contracts with or provides volunteer services to the Commission must: (a) R [Text truncated for display. Full text available on LegiScan.]