Nevada § 233.170 - Complaint alleging unlawful discriminatory practice: Procedure for resolution; effect of settlement, agreement or administrative order; scope of administrative order; judicial order compelling compliance; judicial review of administrative order; limitations on certain administrative actions; certain unlawful employment practices deemed willful

§ 233.170. Complaint alleging unlawful discriminatory practice: Procedure for resolution; effect of settlement, agreement or administrative order; scope of administrative order; judicial order compelling compliance; judicial review of administrative order; limitations on certain administrative actions; certain unlawful employment practices deemed willful

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 in accordance with the regulations adopted

pursuant to NRS 233.157 . 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 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 NRS 233.157 . After the investigation, if the Administrator determines that an unlawful practice

has occurred, 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. The order must include, without limitation, the corrective action the person must

take. (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 described in subsection 4, 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. (3) In cases involving an unlawful employment practice relating to discrimination

on the basis of sex, pay an amount determined to be appropriate by the Commission

for lost wages that would have been earned in the absence of discrimination or other

economic damages resulting from the discrimination, including, without limitation,

lost payment for overtime, shift differential, cost of living adjustments, merit increases

or promotions, or other fringe benefits. (4) In cases involving an unlawful employment practice committed by an employer with

50 or more employees that the Commission determines was willful, pay a civil penalty

of: (I) For the first unlawful employment practice that the person has engaged in during

the immediately preceding 5 years which the Commission determines was willful, not

more than $5,000. (II) For the second unlawful employment practice that the person has engaged in during

the immediately preceding 5 years which the Commission determines was willful, not

more than $10,000. (III) For the third and any subsequent unlawful employment practice that the person

has engaged in during the immediately preceding 5 years which the Commission determines

was willful, not more than $15,000. 4. For the purposes of subparagraph (2) of paragraph (b) of subsection 3, the period

for back pay must not exceed a period beginning 2 years before the date on which the

complaint was filed and ending on the date the Commission issues an order pursuant

to paragraph (b) of subsection 3. 5. Before imposing a civil penalty pursuant to subparagraph (4) of paragraph (b) of

subsection 3, the Commission must allow the person found to have willfully engaged

in an unlawful employment practice 30 days to take corrective action from the date

of service of the order pursuant to paragraph (a) of subsection 3. If the person takes such corrective action, the Commission shall not impose the

civil penalty. 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. 8. For the purposes of this section, an unlawful employment practice shall be deemed

to be willful if a person engages in the practice with knowledge that it is unlawful

or with reckless indifference to whether it is lawful or unlawful.