Nevada § 613.438 - Unlawful employment practices: Adverse employment actions relating to accommodations for conditions relating to pregnancy, childbirth or related medical conditions; exceptions; employer may require statement from physician; other provisions of law unimpaired

§ 613.438. Unlawful employment practices: Adverse employment actions relating to accommodations for conditions relating to pregnancy, childbirth or related medical conditions; exceptions; employer may require statement from physician; other provisions of law unimpaired

1. Except as otherwise provided in subsections 2 and 3, it is an unlawful employment

practice for an employer to: (a) Refuse to provide a reasonable accommodation to a female employee or applicant

for employment upon request of the employee or applicant, as applicable, for a condition

of the employee or applicant relating to pregnancy, childbirth or a related medical

condition, unless the accommodation would impose an undue hardship on the business

of the employer as determined pursuant to NRS 613.4374 ; (b) Take an adverse employment action against a female employee because the employee

requests or uses a reasonable accommodation for a condition of the employee relating

to pregnancy, childbirth or a related medical condition which may include, without

limitation, refusing to promote the employee, requiring the employee to transfer to

another position, refusing to reinstate the employee to the same or an equivalent

position upon return to work or taking any other action which affects the terms or

conditions of employment in a manner which is not desired by the employee; (c) Deny an employment opportunity to an otherwise qualified female employee or applicant

for employment based on the need of the employee or applicant, as applicable, for

a reasonable accommodation for a condition of the employee or applicant relating to

pregnancy, childbirth or a related medical condition; (d) Require a female employee or applicant for employment who is affected by a condition

of the employee or applicant relating to pregnancy, childbirth or a related medical

condition to accept an accommodation that the employee or applicant did not request

or chooses not to accept; and (e) Require a female employee who is affected by a condition of the employee relating

to pregnancy, childbirth or a related medical condition to take leave from employment

if a reasonable accommodation for any such condition of the employee is available

that would allow the employee to continue to work. 2. It is not an unlawful employment practice for an employer to take an action set

forth in this section if the action is based upon a bona fide occupational qualification. 3. An employer who is a contractor licensed pursuant to chapter 624 of NRS is not subject to: (a) The requirements of this section with regard to a request of a female employee

to provide a reasonable accommodation if the requested accommodation is to provide

a place, other than a bathroom, where the employee may express breast milk and the

employee is performing work at a construction job site that is located more than 3

miles from the regular place of business of the employer; or (b) The requirements of paragraph (d) or (e) of subsection 1 with regard to a female

employee who is affected by a condition of the employee relating to pregnancy, childbirth

or a related medical condition if the work duties of the employee include the performance

of manual labor. 4. An employer who is a contractor licensed pursuant to chapter 624 of NRS is encouraged to provide a reasonable accommodation described in paragraph (a) of

subsection 3 to the extent practicable. 5. An employer may require a female employee to provide an explanatory statement from

the employee's physician concerning the specific accommodation recommended by the

physician for the employee. 6. This section must not be construed to preempt, limit, diminish or otherwise affect

any other provision of law relating to discrimination on the basis of sex or pregnancy.