How do I prove discrimination?

You can show direct evidence (discriminatory statements, policies) or circumstantial evidence (differential treatment, statistical patterns, pretext for stated reasons) [42 U.S.C. 2000e-2].

What happens after I file?

The agency investigates, attempts mediation or conciliation, and may issue findings. If unresolved, you receive a right-to-sue letter allowing you to file a lawsuit.

Topic guideUpdated 2026-02-27

Nevada Workplace Discrimination — Filing a Complaint

Q: What counts as workplace discrimination?

Discrimination occurs when an employer treats you less favorably because of a protected characteristic. Under the Nevada Fair Employment Practices Act, protected classes include: race, color, religion, sex, sexual orientation, gender identity/expression, age (40+), disability, national origin, ancestry, and opposing unlawful employment practices — applies to employers with 15+ employees; adds sexual orientation, gender identity/expression, and ancestry beyond federal law [§ 613.330].

Q: Can I file with both the state agency and EEOC?

Yes. NERC is a deferral agency with the EEOC under a worksharing agreement; charges are automatically cross-filed; a state right-to-sue letter is not required — employee may proceed after 180 days or upon NERC dismissal. Filing with one agency can often satisfy the requirements of the other through cross-filing agreements.

Protected classes, filing deadlines, and how to pursue a discrimination claim under Nevada and federal law.

The Nevada Fair Employment Practices Act prohibits employment discrimination in Nevada §613.330.

Protected Classes

Under Nevada law, employers cannot discriminate based on: race, color, religion, sex, sexual orientation, gender identity/expression, age (40+), disability, national origin, ancestry, and opposing unlawful employment practices — applies to employers with 15+ employees; adds sexual orientation, gender identity/expression, and ancestry beyond federal law.

Federal laws (Title VII, ADA, ADEA) provide additional protections for employees of employers with 15+ employees (20+ for age discrimination).

Types of Discrimination

Disparate treatment — intentional discrimination based on a protected characteristic

Disparate impact — neutral policies that disproportionately affect a protected group

Failure to accommodate — refusing reasonable accommodations for disability or religion

Harassment — creating a Hostile work environment based on a protected characteristic

Filing a Discrimination Complaint

You have 90 days after receipt of the right-to-sue notice to bring a civil action in district court §613.420. NERC is a deferral agency with the EEOC under a worksharing agreement; charges are automatically cross-filed; a state right-to-sue letter is not required — employee may proceed after 180 days or upon NERC dismissal.

	Details
State Agency	Nevada Equal Rights Commission (NERC)
Federal Agency	EEOC
State Deadline	90 days after receipt of the right-to-sue notice to bring a civil action in district court §613.420
Federal Deadline	180 days (300 with deferral) [42 U.S.C. § 2000e-5]

⚠Filing deadlines are strictly enforced. Missing the deadline typically bars your claim entirely, regardless of its merits.

✓File with both the state agency and EEOC to preserve all options. A single filing can often be cross-filed with both agencies.

Prepare for Your Consultation

Quick checklist (Employment Law)

Gather these before your first consultation.

Employment records

(pay stubs, contracts, offer letters)

Communication evidence

(emails, texts, performance reviews)

Witness information

(coworkers who can corroborate)

General preparation tips only. Specific needs depend on your state and employment situation.

No Obligation

Ready to Talk to a Lawyer?

Submit a short intake form and a participating Nevada attorney who handles this type of matter may reach out to you. No commitment required.

Request a Free Consultation →

No attorney-client relationship is created unless you later sign an engagement agreement. Participating attorneys may pay a marketing fee to receive inquiries.

Common Questions