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Nevada Pregnant Workers' Fairness Act Goes Into Effect October 1

The Nevada Pregnant Workers' Fairness Act (NPWFA) goes into effect Sunday, October 1, 2017. The NPWFA applies to employers with 15 or more employees and generally expands the scope of protections provided to female employees for pregnancy, childbirth, or related medical conditions (protected conditions). The Act makes it an "unlawful employment practice":

  • for an employer to refuse to provide a reasonable accommodation to a female employee or applicant for a protected condition; and

  • to take adverse action against, or deny an employment opportunity to, an otherwise qualified female employee or applicant due to a request for, or use of, a reasonable accommodation.

Like the Americans with Disabilities Act, the NPWFA requires the employer and employee to engage in a "good faith and interactive process" to determine an effective and reasonable accommodation. This process is triggered when a female employee or applicant "requests an accommodation" for a protected condition. The employer is permitted to require a statement from the employee's physician concerning the specific accommodation recommended.

An employer may not require a female employee or applicant affected by a protected condition to accept an accommodation if she has not sought one or chooses not to accept one. And, the employer is not required to create a new position or discharge or transfer any employee with more seniority unless the employer has or would take similar action to accommodate other classes of employees.

Employers are also prohibited from requiring female employees affected by a protected condition to leave employment if there is a reasonable accommodation that would allow the employee to continue to work—although leave can be a reasonable accommodation if the employer and affected employee agree.

Finally, employers subject to the Act are required to provide two distinct written or electronic notices to inform:

  • employees that they have the right to be free from discriminatory or unlawful employment practices pursuant to the NRS 613.335 and Sections 2-8 of the Act; and

  • female employees that they have the right to a reasonable accommodation for pregnancy, childbirth, or related medical condition.

The employer is required to post notice of these rights in a conspicuous place at its place of business and in an area accessible to employees.

The first notice must be provided to new employees upon beginning employment. The employer must provide the second notice within 10 days after the employee notifies her immediate supervisor that she is pregnant.

Copyright © by Ballard Spahr LLP


About this Author

Ronald Stolkin, Ballard Spahr Law Firm, Phoenix, Labor and Employment Litigation Attorney
Of Counsel

Ronald J. Stolkin focuses on counseling management on personnel practices, employee discipline, and labor relations. He has represented clients in a broad range of employment-related issues before the Equal Employment Opportunity Commission, the Department of Labor, the Arizona Civil Rights Division, the Department of Education, and other federal and state regulatory agencies.

Mr. Stolkin provides preventative counseling and defends employers in litigation alleging employment discrimination, breach of contract, wrongful discharge, and other...

Bill Curran, Ballard Spahr Law Firm, Las Vegas, Real Estate Attorney
Senior Counsel

Bill Curran concentrates on administrative and government law, particularly in the areas of real estate development, land use/zoning, and gaming law. He has built a strong gaming practice through both his tenure as Chairman of the Nevada Gaming Commission and his assistance to some of the gaming industry's largest casinos. Mr. Curran serves on a number of compliance committees for gaming companies and resort hotels and frequently participates in corporate compliance and internal investigation activities for major corporations.

Mr. Curran served with the Nevada Gaming Commission, from his appointment in 1989 through his tenure as Chairman, 1991 to 1999. He also served as Chairman of the International Association of Gaming Regulators from 1993 to 1994. In 1995, he was recognized by International Gaming & Wagering Business magazine as one of the 25 most influential individuals in the gaming industry.