Nevada: Workplace Protections, New Notice Requirements for Pregnancy-Related Conditions

Notice and Posting Requirements
Effective June 2, 2017, employers must inform employees of their rights under the Act by providing written or electronic notice at three separate times.

The notice must contain the following:

• Informs the 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
• Includes a statement that the worker has a right to a reasonable accommodation for conditions relating to pregnancy, childbirth, or related medical condition.

This notice must be distributed as follows:

• Provided to the employee upon commencement of employment.
• Provided to the employee within 10 days of her notifying the organization that she is pregnant.
• Posted in a conspicuous location at the worksite in an area accessible to all employees.

The state of Nevada has not yet provided any template notice, so employers will need to prepare their own form to meet the notice and posting requirements.  However, ManagEase will provide its Blue Rock subscribers with this notice, included with new hire documents.

Reasonable Accommodations

Effective October 1, 2017, the Act expands legal protections for workers affected by pregnancy. Employers are required to provide reasonable accommodations for conditions resulting from pregnancy, childbirth, or pregnancy-related medical conditions. This includes any “physical or mental condition intrinsic to pregnancy or childbirth,” such as, but not limited to, lactation, gestational diabetes, or post-partum depression.

Employers must engage in the interactive process to determine what a reasonable accommodation may be; employers can also request a statement from the employee’s healthcare provider regarding specific accommodations. Examples include modifying equipment, revising break schedules, transfer to light duty or less strenuous positions, or providing a safe location for lactating employees to express milk. However, employers do not need to create a new position or discharge/transfer a more senior employee in order to accommodate a pregnant employee.

Ultimately, pregnant workers have the final say in what the accommodation will be, as employers cannot require a worker to accept an unwanted accommodation.

If the worker has applicable leave of absence available, employers may not prevent the worker from taking such leave, nor can the employer refuse to reinstate the employee upon return from leave. The worker must be allowed to take applicable leave, even if the employer offers an alternative accommodation that would allow the employee to continue working. Taking an applicable leave of absence may therefore be considered a reasonable accommodation.

Action Items

1. Provide required notices at required times.  Blue Rock subscribers will receive such notice with requested new hire documents.
2. Review and revise procedures for requests for pregnancy-related accommodations consistent with the new rules.
3. Have managers and appropriate decision-makers trained on how to manage a pregnancy-related accommodation request.
4. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2017 ManagEase, Incorporated.