SB450_R1

Senate Bill No. 450–Committee on Government Affairs

CHAPTER..........

AN ACT relating to the Nevada Equal Rights Commission; requiring the Commission to adopt regulations concerning the processing of complaints; revising requirements regarding the confidentiality of complaints and investigations; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 233 of NRS is hereby amended by adding

thereto a new section to read as follows:

The Commission shall accept any complaint alleging an

unlawful discriminatory practice over which it has jurisdiction

pursuant to this chapter. The Commission shall adopt regulations

setting forth the manner in which the Commission will process

any such complaint and determine whether to hold an informal

meeting or conduct an investigation concerning the complaint.

Sec. 2. NRS 233.020 is hereby amended to read as follows:

233.020 As used in this chapter:

1. “Administrator” means the Administrator of the

Commission.

2. “Commission” means the Nevada Equal Rights Commission

2. “Director” means the Executive Director of the Nevada

Equal Rights Commission.] within the Department of Employment,

Training and Rehabilitation.

3. “Disability” means, with respect to a person:

(a) A physical or mental impairment that substantially limits one

or more of the major life activities of the person;

(b) A record of such an impairment; or

4. “Member” means a member of the Nevada Equal Rights

Commission.

Sec. 3. NRS 233.090 is hereby amended to read as follows:

233.090 The Governor shall appoint an [Executive Director]

Administrator of the Commission. The [Director shall]

Administrator must have had successful experience in the

administration and promotion of a program comparable to the

program provided by this chapter.

Sec. 4. NRS 233.100 is hereby amended to read as follows:

233.100 The [Director] Administrator is in the unclassified

service of the State.

Sec. 5. NRS 233.110 is hereby amended to read as follows:

233.110 The [Director] Administrator shall:

1. Be jointly responsible to the Governor and the Commission.

2. Direct and supervise all of the technical and administrative

activities of the Commission.

3. Perform any lawful act which he considers necessary or

desirable to carry out the purposes and provisions of this chapter.

Sec. 6. NRS 233.150 is hereby amended to read as follows:

233.150 The Commission may:

1. Order its [Executive Director] Administrator to investigate

tensions, practices of discrimination and acts of prejudice against

any person or group because of race, color, creed, sex, age,

disability, national origin or ancestry, and may conduct hearings

with regard thereto.

2. Mediate between or reconcile the persons or groups involved

in those tensions, practices and acts.

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

any of its members or any hearing officer in its employ.

5. Adopt reasonable regulations necessary for the Commission

to carry out the functions assigned to it by law.

Sec. 7. NRS 233.165 is hereby amended to read as follows:

233.165 1. [The Commission shall:] If the Commission

determines to conduct an investigation of a complaint which

alleges an unlawful discriminatory practice in housing in

accordance with the regulations adopted pursuant to section 1 of

this act, the Commission must:

(a) Begin an investigation of [a complaint which alleges an

unlawful discriminatory practice in housing] the complaint within

30 days after it receives the complaint.

(b) Complete its investigation of the complaint within 100 days

after it receives the complaint unless it is impracticable to do so.

the date it receives the complaint unless it is impracticable to do so.

2. If the Commission determines that it is impracticable to

complete an investigation or make a final disposition of a complaint

which alleges an unlawful discriminatory practice in housing within

the period prescribed in subsection 1, the Commission shall send to

the complainant and the person against whom the complaint was

filed a statement setting forth its reasons for not completing the

investigation or making a final disposition of the complaint within

that period.

Sec. 8. NRS 233.170 is hereby amended to read as follows:

233.170 1. When a complaint is filed whose allegations if

true would support a finding of unlawful practice, the Commission

shall determine whether to hold an informal meeting to attempt a

settlement of the dispute[. To prepare for the informal meeting, the

Executive Director] in accordance with the regulations adopted

pursuant to section 1 of this act. If the Commission determines to

hold an informal meeting, the Administrator may , to prepare for

the meeting, request from each party any information which is

reasonably relevant to the complaint. No further action may be taken

if the parties agree to a settlement.

2. If an agreement is not reached [, the Executive Director of

the Commission] at the informal meeting, the Administrator shall

determine whether to conduct an investigation into the alleged

unlawful practice[.] in accordance with the regulations adopted

pursuant to section 1 of this act. After the investigation, if the

[Executive Director] Administrator determines that an unlawful

practice has occurred, [he] the Administrator shall attempt to

mediate between or reconcile the parties. The party against whom a

complaint was filed may agree to cease the unlawful practice. If an

agreement is reached, no further action may be taken by the

complainant or by the Commission.

3. If the attempts at mediation or conciliation fail, the

Commission may hold a public hearing on the matter. After the

hearing, if the Commission determines that an unlawful practice has

occurred, it may:

(a) Serve a copy of its findings of fact within 10 calendar days

upon any person found to have engaged in the unlawful practice;

and

(b) Order the person to:

(1) Cease and desist from the unlawful practice.

(2) In cases involving an unlawful employment practice,

restore all benefits and rights to which the aggrieved person is

entitled, including , but not limited to, rehiring, back pay for a

period not to exceed 2 years after the date of the most recent

unlawful practice, annual leave time, sick leave time or pay, other

fringe benefits and seniority, with interest thereon from the date of

the Commission’s decision at a rate equal to the prime rate at the

largest bank in Nevada, as ascertained by the Commissioner of

Financial Institutions, on January 1 or July 1, as the case may be,

immediately preceding the date of the Commission’s decision, plus

2 percent. The rate of interest must be adjusted accordingly on each

January 1 and July 1 thereafter until the judgment is satisfied.

4. The order of the Commission is a final decision in a

contested case for the purpose of judicial review. If the person fails

to comply with the Commission’s order, the Commission shall

apply to the district court for an order compelling such compliance,

but failure or delay on the part of the Commission does not

prejudice the right of an aggrieved party to judicial review. The

court shall issue the order unless it finds that the Commission’s

findings or order are not supported by substantial evidence or are

otherwise arbitrary or capricious. If the court upholds the

Commission’s order and finds that the person has violated the order

by failing to cease and desist from the unlawful practice or to make

the payment ordered, the court shall award the aggrieved party

actual damages for any economic loss and no more.

5. After the Commission has held a public hearing and

rendered a decision, the complainant is barred from proceeding on

the same facts and legal theory before any other administrative body

or officer.

Sec. 9. NRS 233.170 is hereby amended to read as follows:

233.170 1. When a complaint is filed whose allegations if

true would support a finding of unlawful practice, the Commission

shall determine whether to hold an informal meeting to attempt a

settlement of the dispute[. To prepare for the informal meeting, the

Executive Director] in accordance with the regulations adopted

pursuant to section 1 of this act. If the Commission determines to

hold an informal meeting, the Administrator may , to prepare for

the meeting, request from each party any information which is

reasonably relevant to the complaint. Except as otherwise provided

in subsection 3, no further action may be taken if the parties agree to

a settlement.

2. If an agreement is not reached[, the Executive Director of

the Commission] at the informal meeting, the Administrator shall

determine whether to conduct an investigation into the alleged

unlawful practice[.] in accordance with the regulations adopted

pursuant to section 1 of this act. After the investigation, if the

[Executive Director] Administrator determines that an unlawful

practice has occurred, [he] the Administrator shall attempt to

mediate between or reconcile the parties. The party against whom a

complaint was filed may agree to cease the unlawful practice.

Except as otherwise provided in subsection 3, if an agreement is

reached, no further action may be taken by the complainant or by

the Commission.

3. If an agreement is reached by the parties in a case involving

a discriminatory practice in housing, the agreement must be

approved by the Commission. The agreement must be made public

unless the parties otherwise agree and the Commission determines

that disclosure is not necessary to further the purposes of chapter

118 of NRS.

4. If the attempts at mediation or conciliation fail in a case

involving an unlawful practice in employment or public

accommodations, the Commission may hold a public hearing on the

matter. After the hearing, if the Commission determines that an

unlawful practice has occurred, it may:

(a) Serve a copy of its findings of fact within 10 calendar days

upon any person found to have engaged in the unlawful practice;

and

(b) Order the person to:

(1) Cease and desist from the unlawful practice.

(2) In cases involving an unlawful employment practice,

restore all benefits and rights to which the aggrieved person is

entitled, including, but not limited to, rehiring, back pay for a period

not to exceed 2 years after the date of the most recent unlawful

practice, annual leave time, sick leave time or pay, other fringe

benefits and seniority, with interest thereon from the date of the

Commission’s decision at a rate equal to the prime rate at the largest

bank in Nevada, as ascertained by the Commissioner of Financial

Institutions, on January 1 or July 1, as the case may be, immediately

preceding the date of the Commission’s decision, plus 2 percent.

The rate of interest must be adjusted accordingly on each January 1

and July 1 thereafter until the judgment is satisfied.

5. If the attempts at mediation or conciliation fail in a case

involving an unlawful housing practice:

(a) The complainant or the person against whom the complaint

was filed may elect to have the claims included in the complaint

decided in a court of competent jurisdiction. If the court determines

that the person against whom the complaint was filed has committed

an unlawful housing practice, the court may:

(1) Award to the complainant actual damages and, within the

limitations prescribed by federal law, punitive damages.

(2) Award to the prevailing party costs and reasonable

attorney’s fees.

(3) Order such other relief as the court deems appropriate,

including, but not limited to:

(I) Ordering a permanent or temporary injunction;

(II) Issuing a temporary restraining order; or

(III) Enjoining the defendant from continuing the

unlawful practice or taking other such affirmative action.

(b) If an election is not made pursuant to paragraph (a), the

Commission shall hold a public hearing on the matter. After the

hearing, if the Commission determines that an unlawful practice has

occurred, it may:

(1) Serve a copy of its findings of fact within 10 days upon

any person found to have engaged in the unlawful practice;

(2) Order the person to cease and desist from the unlawful

practice;

(3) Award to the complainant actual damages; and

(4) Impose a civil penalty of not more than $25,000 upon the

person who committed the unlawful discriminatory practice.

6. The order of the Commission is a final decision in a

contested case for the purpose of judicial review. If the person fails

to comply with the Commission’s order, the Commission shall

apply to the district court for an order compelling such compliance,

but failure or delay on the part of the Commission does not

prejudice the right of an aggrieved party to judicial review. The

court shall issue the order unless it finds that the Commission’s

findings or order are not supported by substantial evidence or are

otherwise arbitrary or capricious. If the court upholds the

Commission’s order and finds that the person has violated the order

by failing to cease and desist from the unlawful practice or to make

the payment ordered, the court shall award the aggrieved party

actual damages for any economic loss and no more.

7. After the Commission has held a public hearing and

rendered a decision, the complainant is barred from proceeding on

the same facts and legal theory before any other administrative body

or officer.

Sec. 10. NRS 233.180 is hereby amended to read as follows:

233.180 If, after the [Executive Director of the Commission]

Administrator has conducted a preliminary investigation into an

alleged unlawful discriminatory practice in housing, employment or

public accommodations, the Commission determines that the

practice will cause immediate and irreparable harm to any person

aggrieved by the practice, the Commission, after the informal

meeting and before holding a public hearing upon the matter, may

apply on behalf of such person to the district court for a temporary

restraining order or preliminary injunction as provided in the

Nevada Rules of Civil Procedure.

Sec. 11. NRS 233.190 is hereby amended to read as follows:

233.190 [All]

1. Except as otherwise provided in this section, any

information gathered by the Commission in the course of its

investigation of an alleged unlawful discriminatory practice in

housing, employment or public accommodations is confidential .

[until the]

2. The Commission may disclose information gathered

pursuant to subsection 1 to:

(a) Any governmental entity as appropriate or necessary to

carry out its duties pursuant to this chapter; or

(b) To any other person if the information is provided in a

manner which does not include any information that may be used

to identity the complainant, the party against whom the unlawful

discriminatory practice is alleged or any person who provided

information to the Commission during the investigation.

3. Except as otherwise provided in subsection 4, the

Commission shall disclose information gathered pursuant to

subsection 1 to the complainant and the party against whom the

unlawful discriminatory practice is alleged if:

(a) Each has consented to such disclosure; or

(b) The Commission has determined to conduct a hearing on the

matter or [applies] apply for a temporary restraining order or an

injunction[.

If] or an action has been filed in court concerning the

complaint.

4. The Commission may not disclose to the complainant or

the party against whom the unlawful discriminatory practice is

alleged:

(a) Any information obtained during negotiations for a

settlement or attempts at mediating or conciliating the complaint.

(b) Any investigative notes or reports made by the Commission.

provided information to the Commission for during the

investigation and who has requested anonymity.

5. Except as otherwise provided in this section, if the

Commission’s attempts at mediating or conciliating the cause of the

grievance succeed, the information [shall] gathered pursuant to

subsection 1 must remain confidential.

6. If the Commission proceeds with a hearing or applies for

injunctive relief, confidentiality concerning any information , except

negotiations for a settlement or attempts at mediating or

conciliating the cause of the grievance, is no longer required.

Sec. 12. NRS 233.210 is hereby amended to read as follows:

233.210 Any person who willfully resists, prevents, impedes or

interferes with the Commission, its members, the [Director]

Administrator or agents in the performance of duties pursuant to

this chapter shall be fined not more than $500.

Sec. 13. 1. This section and sections 1 to 6, inclusive, 8, 10,

11 and 12 of this act become effective on October 1, 2003.

2. Section 8 of this act expires by limitation on the date the

Governor declares that the Federal Government has determined that

certain provisions of NRS provide rights and remedies for alleged

discriminatory housing practices substantially equivalent to federal

law.

3. Sections 7 and 9 of this act become effective on the date the

Governor declares that the Federal Government has determined that

certain provisions of NRS provide rights and remedies for alleged

discriminatory housing practices substantially equivalent to federal

law.

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