For many decades the Nevada Equal Rights Commission was the first step in a long series of steps that it took to “exhaust all administrative remedies” before you could even file a lawsuit against your Employer for discrimination.
But in 2019 the Nevada Legislature changed the Nevada Equal Rights Commission (NERC) process from being “just a part of the process” to giving the NERC “teeth”. They changed the Nevada Revised Statutes, specifically 233.170.
“NRS 233.170: 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 not to exceed 2 years after the date of the most recent unlawful practice, 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…”
This is an incredible rule of law for Nevadans, employees in particular, that allows the NERC to punish the Employer and force them to pay:
- Back Pay up to 2 years
- Leave time
- Any other benefits
- and even force the employer to Re-Hire.
The power that the NERC now has gives us reason to want to pursue and be in the NERC process and help them any way we can in their investigation. Using this determination from the NERC, we attorneys will be able to springboard that into an incredibly strong lawsuit.