FEPA Discrimination Charge and Right-to-Sue Procedure — Nevada

FEPA Discrimination Charge and Right-to-Sue Procedure (Nevada)

Quick-Reference Summary

Part A — Pre-Filing Eligibility Memo

To: [CLIENT / FILE]
From: [ATTORNEY NAME]
Re: Eligibility for filing with the Nevada Equal Rights Commission
Date: [__/__/____]

1. Threshold Coverage

2. Protected Basis (NRS 613.330)

☐ Race ☐ Color ☐ Religion ☐ Sex ☐ Sexual Orientation
☐ Gender Identity or Expression ☐ National Origin ☐ Age (40 or older)
☐ Disability ☐ Pregnancy ☐ Retaliation for protected activity

3. Adverse Employment Action

☐ Failure to hire ☐ Termination ☐ Demotion ☐ Failure to promote
☐ Unequal pay ☐ Harassment / hostile work environment
☐ Failure to accommodate (disability, pregnancy, religion) ☐ Constructive discharge
☐ Other: [____]

4. Federal / Forum Considerations

5. Strategic Considerations

• NRS 613.432 ties Nevada relief to Title VII-type legal or equitable relief for covered employees; analyze 42 U.S.C. § 1981a's conditions and caps rather than assuming automatic punitive damages.
• Federal court may still be preferable for plaintiffs with parallel FLSA / FMLA / ERISA claims.
• For age-only claims, ADEA in federal court provides liquidated damages not available under NRS 613.
• The 300-day NERC deadline runs from the last discriminatory act; consider continuing-violation theory.

6. Recommendation

☐ File NERC charge (dual-file with EEOC) ☐ EEOC-only ☐ Decline
☐ Request right-to-sue at 180 days ☐ Allow NERC determination
Notes: [____________________________________________________________]

Part B — Charge of Discrimination (NERC Filing)

NEVADA EQUAL RIGHTS COMMISSION
Department of Employment, Training and Rehabilitation (DETR)
Las Vegas Office: 7220 Bermuda Road, Suite 100, Las Vegas, NV 89119 — (702) 486-7161
Northern Nevada Office: 1325 Corporate Blvd., Suite 115, Reno, NV — (775) 823-6690
Online Filing Portal: https://mynerccomplaint.nv.gov/landing/

Date of Filing: [__/__/____]
NERC Case No. (assigned): [________________________________]
Cross-Filed with EEOC?: ☐ Yes ☐ No EEOC Charge No.: [____]

Charging Party Information

Respondent (Employer) Information

Bases of Discrimination (NRS 613.330)

☐ Race [____] ☐ Color ☐ Religion [____] ☐ Sex ☐ Sexual Orientation
☐ Gender Identity or Expression ☐ National Origin [____]
☐ Age (DOB above) ☐ Disability ☐ Pregnancy
☐ Retaliation for protected activity ☐ Other: [____]

Discriminatory Actions

☐ Failure to hire ☐ Termination ☐ Demotion ☐ Failure to promote
☐ Unequal pay ☐ Harassment ☐ Hostile work environment
☐ Failure to accommodate ☐ Constructive discharge ☐ Discipline
☐ Retaliation ☐ Other: [____]

Dates

Statement of Discrimination

I, [CHARGING PARTY NAME], believe I have been discriminated against by [RESPONDENT NAME] in violation of NRS 613.330:

1. Protected status: I am [____].
2. Qualifications: I was employed as [POSITION] from [__/__/____] to [__/__/____] and met or exceeded performance expectations, evidenced by [____].
3. Adverse action: On or about [__/__/____], Respondent [TERMINATED / DEMOTED / etc.] me.

4. Discriminatory motive: The adverse action was based on my [PROTECTED BASIS] because:
   a. [____________________________________________________________]
   b. [____________________________________________________________]
   c. [____________________________________________________________]

5. Comparators: Similarly situated employees outside my protected class were treated more favorably, specifically: [____].

6. Pretext: Respondent's stated reason is pretextual because: [____].

Witnesses

Verification

I declare under penalty of perjury under the laws of the State of Nevada that the foregoing is true and correct.

Executed on [__/__/____] at [CITY], Nevada.

Signature: _________________________________
Printed Name: [________________________________]

Part C — Right-to-Sue Demand Letter

[LETTERHEAD / DATE]

Nevada Equal Rights Commission
Department of Employment, Training and Rehabilitation
7220 Bermuda Road, Suite 100
Las Vegas, NV 89119

Re: Request for Right-to-Sue Notice Pursuant to NRS 613.412
NERC Case No.: [________________________________]
Charging Party: [________________________________]
Respondent: [________________________________]
Date Charge Filed: [__/__/____]

Dear Commissioner:

Pursuant to NRS 613.412, the undersigned Charging Party respectfully requests that the Nevada Equal Rights Commission issue a Right-to-Sue Notice for the above-referenced charge.

More than one hundred eighty (180) days have elapsed since the charge was filed on [__/__/____], and NERC has not issued a determination of whether an unlawful employment practice occurred. Charging Party therefore exercises the statutory right to terminate administrative processing and proceed to district court.

Charging Party understands that:

• Pursuant to NRS 613.430, a civil action under NRS 613.330 must be commenced within ninety (90) days of receipt of this Notice.
• Issuance of the Notice will bar further NERC investigation of the same charge.

Please issue the Right-to-Sue Notice at the earliest opportunity and forward by mail and email to the addresses below.

Sincerely,

_________________________________
[CHARGING PARTY NAME] / [ATTORNEY NAME]
[ADDRESS]
[PHONE] | [EMAIL]

Part D — Pre-Suit Civil Complaint (Template)

IN THE [____] JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
IN AND FOR THE COUNTY OF [____]

COMPLAINT FOR EMPLOYMENT DISCRIMINATION
(NRS Chapter 613; Jury Trial Demanded)

Plaintiff [NAME], by and through undersigned counsel, alleges:

Parties, Jurisdiction, and Venue

1. Plaintiff is a resident of [COUNTY] County, Nevada.
2. Defendant is [a Nevada corporation / foreign corporation authorized to do business in Nevada] and at all relevant times employed fifteen (15) or more persons within the meaning of NRS 613.310(2).
3. This Court has subject-matter jurisdiction under Nev. Const. art. 6, § 6 and NRS 613.420.
4. Venue is proper in [COUNTY] County under NRS 613.420 because the unlawful employment practice occurred there.

Administrative Exhaustion

5. On [__/__/____], Plaintiff timely filed a verified charge with the Nevada Equal Rights Commission (NERC Case No. [____]) within 300 days of the alleged practice pursuant to NRS 233.160(1)(b).
6. On [__/__/____], NERC issued a Right-to-Sue Notice pursuant to NRS 613.412. A copy is attached as Exhibit A.
7. This action is timely commenced within 90 days of receipt of the Notice pursuant to NRS 613.430.

Factual Allegations

8. Plaintiff was hired on [__/__/____] as [POSITION].
9. Plaintiff is a member of a protected class under NRS 613.330, specifically [____].
10. Plaintiff was qualified for the position and performed satisfactorily.
11. [Set forth specific discriminatory acts, dates, decision-makers, comparators, pretext evidence.]
12. On or about [__/__/____], Defendant [TERMINATED / DEMOTED / etc.] Plaintiff.
13. Defendant's stated reason was pretextual, as shown by [____].

Count I — Discrimination in Violation of NRS 613.330

14. Plaintiff incorporates the preceding paragraphs.
15. Defendant's conduct constitutes an unlawful employment practice under NRS 613.330 because Plaintiff's [PROTECTED BASIS] was a motivating factor.
16. Plaintiff has suffered lost wages and benefits, emotional distress, and other compensatory damages.

Count II — Retaliation (NRS 613.340)

17. Plaintiff incorporates the preceding paragraphs.
18. Plaintiff engaged in protected activity by [____].
19. Defendant took adverse action because of that protected activity in violation of NRS 613.340.

Prayer for Relief

WHEREFORE, Plaintiff respectfully requests:

a. Reinstatement, or in lieu thereof, front pay;
b. Back pay including lost wages, benefits, and interest (up to two years prior to charge through judgment);
c. Compensatory damages (emotional distress, mental anguish, loss of enjoyment of life) — Title VII–equivalent remedies under SB 177;
d. Punitive damages subject to applicable Title VII caps under 42 U.S.C. § 1981a;
e. Reasonable attorney fees and costs;
f. Pre- and post-judgment interest;
g. Such other relief as the Court deems just and equitable.

JURY TRIAL DEMANDED.

Dated: [__/__/____]

Respectfully submitted,

_________________________________
[ATTORNEY NAME], NV Bar No. [____]
[FIRM] | [ADDRESS]
[PHONE] | [EMAIL]
ATTORNEY FOR PLAINTIFF

Part E — Pre-Filing Checklist

Eligibility and Timeliness

☐ Confirmed employer has 15+ employees (NRS 613.310(2))
☐ Alleged practice within 300 days (NRS 233.160(1)(b))
☐ Identified protected basis under NRS 613.330
☐ Documented adverse employment action
☐ Identified comparator(s) outside protected class
☐ Considered continuing-violation theory for hostile-environment claims

Documentation

☐ Personnel file and performance reviews obtained
☐ Termination / discipline notices preserved
☐ Pay records and W-2s gathered
☐ Witness list compiled with contact information
☐ Comparator evidence preserved
☐ Direct evidence (emails, texts, voicemails, social media) preserved
☐ Mitigation documentation (job search records)

Charge Preparation

☐ Online intake submitted via https://mynerccomplaint.nv.gov/landing/
☐ NERC-drafted formal charge reviewed and signed
☐ Bases of discrimination identified
☐ Discriminatory actions identified
☐ Dates verified against documents
☐ EEOC cross-filing election made
☐ Charge verified / signed by complainant

Right-to-Sue Stage

☐ 180 days have elapsed since filing (NRS 613.412)
☐ No determination issued by NERC OR finding of no unlawful practice received
☐ Demand letter sent
☐ Right-to-Sue Notice received and dated
☐ 90-day suit clock calendared (NRS 613.430)

Suit Filing

☐ Venue confirmed (county where act occurred — NRS 613.420)
☐ Complaint drafted with administrative-exhaustion allegations
☐ Right-to-Sue Notice attached as exhibit
☐ Filing fee verified
☐ Service of process planned per NRCP 4
☐ Jury demand included if desired
☐ Damages calculations (caps based on employer size: 15-100 = $50K; 101-200 = $100K; 201-500 = $200K; 500+ = $300K)

Sources and References

• NRS Chapter 613 (Employment Practices): https://www.leg.state.nv.us/nrs/NRS-613.html
• Nevada Equal Rights Commission: https://detr.nv.gov/Page/Equal_Rights_Commision
• NERC Online Complaint Portal: https://mynerccomplaint.nv.gov/landing/
• 2019 Senate Bill 177 (Nevada Title VII–equivalent remedies): https://www.leg.state.nv.us/Session/80th2019/Bills/SB/SB177_EN.pdf
• Littler Analysis — SB 177 Expansion of Remedies: https://www.littler.com/news-analysis/asap/nevada-expands-remedies-available-employment-discrimination-claims
• Nevada Legal Services — Employment Discrimination: https://nevadalegalservices.org/emlployee-rights/employment-discrimination/
• EEOC (cross-filing): https://www.eeoc.gov/filing-charge-discrimination
• EEOC Las Vegas Local Office: 333 Las Vegas Blvd. South, Suite 5560, Las Vegas, NV 89101; (702) 553-4470