Nevada § 613.4371 - Reasonable accommodation requested by female employee or provided to a female applicant for employment

§ 613.4371. Reasonable accommodation requested by female employee or provided to a female applicant for employment

1. If a female employee requests an accommodation for a condition of the employee

relating to pregnancy, childbirth or a related medical condition, the employer and

employee must engage in a timely, good faith and interactive process to determine

an effective, reasonable accommodation for the employee. An accommodation may consist of a change in the work environment or in the way things

are customarily carried out that allows the employee to have equal employment opportunities,

including the ability to perform the essential function of the position and to have

benefits and privileges of employment that are equal to those available to other employees. 2. A reasonable accommodation provided by an employer to a female applicant for employment

which is based on a condition of the applicant relating to pregnancy, childbirth or

a related medical condition may consist of a modification to the application process

or the manner in which things are customarily carried out that allows the applicant

to be considered for employment or hired for a position. 3. A reasonable accommodation pursuant to this section may include, without limitation: (a) Modifying equipment or providing different seating; (b) Revising break schedules, which may include revising the frequency or duration

of breaks; (c) Providing space in an area other than a bathroom that may be used for expressing

breast milk; (d) Providing assistance with manual labor if the manual labor is incidental to the

primary work duties of the employee; (e) Authorizing light duty; (f) Temporarily transferring the employee to a less strenuous or hazardous position;

or (g) Restructuring a position or providing a modified work schedule. 4. An employer is not required by this section or NRS 613.438 to: (a) Create a new position that the employer would not have otherwise created, unless

the employer has created or would create such a position to accommodate other classes

of employees; or (b) Discharge any employee, transfer any employee with more seniority or promote any

employee who is not qualified to perform the job, unless the employer has taken or

would take such an action to accommodate other classes of employees.