Nevada Equal Rights Commission (NERC) Administrative Charge of Discrimination

NEVADA EQUAL RIGHTS COMMISSION — ADMINISTRATIVE CHARGE OF DISCRIMINATION

TABLE OF CONTENTS

1. Submission Cover Information
2. Complainant Information
3. Respondent Information
4. Basis (Protected Characteristics)
5. Issues / Adverse Actions
6. Date(s) of Harm and Timeliness Statement
7. Statement of Particulars (Narrative)
8. Witnesses and Evidence
9. Damages and Relief Requested
10. EEOC Dual-Filing Election
11. Right-to-Sue Election
12. Verification and Signature
13. Attachments and Supporting Documents
14. Service / Filing Instructions
15. Nevada Practice Notes
16. Sources and References

1. SUBMISSION COVER INFORMATION

2. COMPLAINANT INFORMATION

3. RESPONDENT INFORMATION

4. BASIS (PROTECTED CHARACTERISTICS)

I allege discrimination, harassment, or retaliation based on the following protected characteristic(s) under Nevada law (check all that apply):

NEOA Employment — NRS § 613.330:

• ☐ Race    ☐ Color    ☐ Religion    ☐ National Origin
• ☐ Sex (including pregnancy, childbirth, related medical conditions)
• ☐ Sexual Orientation (added 2011)    ☐ Gender Identity or Expression (added 2011)
• ☐ Age (40+)    ☐ Disability (physical or mental)
• ☐ Discussion of Wages (NRS § 613.330(3))

Public Accommodations — NRS § 651.070:

• ☐ Race    ☐ Color    ☐ Religion    ☐ National Origin
• ☐ Disability    ☐ Sexual Orientation    ☐ Sex    ☐ Gender Identity or Expression

Housing — NRS Chapter 118:

• ☐ Race    ☐ Color    ☐ Religion    ☐ National Origin    ☐ Sex
• ☐ Disability    ☐ Familial Status    ☐ Sexual Orientation    ☐ Gender Identity or Expression
• ☐ Ancestry    ☐ Source of Income (where applicable under local ordinance)

Retaliation / Other:

• ☐ Retaliation for opposing discrimination (NRS § 613.340)
• ☐ Retaliation for participating in NERC / EEOC investigation
• ☐ Retaliation for requesting reasonable accommodation
• ☐ Retaliation for reporting harassment
• ☐ Association with member of protected class

5. ISSUES / ADVERSE ACTIONS

I allege the following adverse action(s) (check all that apply):

Employment:

• ☐ Failure to hire    ☐ Termination / discharge    ☐ Layoff    ☐ Demotion    ☐ Failure to promote
• ☐ Denial of pay raise / unequal pay    ☐ Reduction in hours    ☐ Constructive discharge
• ☐ Discipline    ☐ Negative performance review    ☐ Harassment / hostile work environment
• ☐ Denial of reasonable accommodation (disability)    ☐ Denial of pregnancy accommodation (NRS § 613.405)
• ☐ Denial of leave    ☐ Failure to engage in interactive process
• ☐ Retaliation    ☐ Refusal to permit service animal at workplace (NRS § 613.330(4))
• ☐ Improper consideration of criminal history (NRS § 613.330)

Public Accommodation (NRS § 651.070):

• ☐ Denial of service    ☐ Differential / segregated service
• ☐ Denial of disability access (parallel to ADA Title III)
• ☐ Discriminatory pricing    ☐ Refusal of admission    ☐ Removal from premises
• ☐ Refusal to permit service animal (NRS § 651.075)

Housing:

• ☐ Refusal to rent / sell    ☐ Eviction    ☐ Discriminatory terms
• ☐ Steering / restricted access    ☐ Discriminatory advertising
• ☐ Denial of reasonable accommodation/modification    ☐ Harassment

6. DATE(S) OF HARM AND TIMELINESS STATEMENT

Timeliness Statement:

This charge is timely filed under NRS § 233.160(1)(a)(2), which requires complaints alleging unlawful discriminatory practices in employment or public accommodations to be filed with the Nevada Equal Rights Commission "not later than 300 days after the date of the occurrence of the alleged practice." The most recent act of discrimination occurred on [DATE], which is fewer than three hundred (300) days before the filing of this charge. [For continuing-violation theories: The pattern of conduct continued through [DATE], such that all acts within the statutory period are timely under the continuing-violation doctrine, and earlier acts are timely as part of a single continuing course of conduct under National R.R. Passenger Corp. v. Morgan, 536 U.S. 101 (2002).]

[For housing complaints: This charge is filed within one (1) year of the last discriminatory act as required by NRS § 233.160(1)(b).]

7. STATEMENT OF PARTICULARS (NARRATIVE)

I. Employment / Tenure / Patronage Background

7.1. I began [employment / tenancy / patronage] with Respondent on or about [DATE] as a [POSITION / CAPACITY].

7.2. At all relevant times, I was qualified for and performing my duties / fulfilling my obligations to Respondent's reasonable satisfaction.

7.3. I am a member of the following protected class(es) under Nevada law: [PROTECTED CLASS(ES)].

II. Discriminatory Conduct

7.4. Beginning on or about [DATE], Respondent (through [DECISION-MAKER NAME / TITLE]) subjected me to the following discriminatory conduct:

• [INCIDENT 1 — date, location, persons involved, exact statements/conduct];
• [INCIDENT 2];
• [INCIDENT 3].

7.5. I was treated less favorably than similarly situated [employees / tenants / patrons] outside my protected class(es). Specifically: [COMPARATOR EVIDENCE].

III. Internal Complaint and Respondent's Response

7.6. On or about [DATE], I reported the discriminatory conduct to [HR / SUPERVISOR / MANAGER NAME] in [writing / orally / via email / via formal grievance].

7.7. Respondent [failed to investigate / conducted a sham investigation / found no violation / blamed me / took no remedial action].

7.8. After my complaint, Respondent retaliated against me by [ADVERSE RETALIATORY ACTS] on [DATE(S)], in violation of NRS § 613.340.

IV. Pretext

7.9. Respondent's stated reason(s) for the adverse action — namely [STATED REASON] — are pretextual because:

• [Reason 1 — e.g., similarly situated employees outside my class engaged in the same conduct without adverse consequence];
• [Reason 2 — e.g., the stated reason was applied inconsistently / shifted over time];
• [Reason 3 — e.g., the timeline contradicts the stated reason].

V. Harm

7.10. As a direct result of the discrimination, I have suffered [economic harm — lost wages, lost benefits, out-of-pocket costs] and [non-economic harm — emotional distress, humiliation, anxiety, loss of dignity].

8. WITNESSES AND EVIDENCE

Documentary Evidence (attached or to be produced):

• ☐ Offer letter / employment contract
• ☐ Personnel file
• ☐ Performance reviews
• ☐ Pay stubs / W-2s
• ☐ Emails and text messages
• ☐ Internal complaint / HR communications
• ☐ Termination notice / separation agreement
• ☐ Medical records (for disability / accommodation / pregnancy claims)
• ☐ Accommodation request and response
• ☐ Comparator data
• ☐ Employee handbook / policies
• ☐ Audio / video recordings (Nevada is a one-party-consent state, NRS § 200.620, but local ordinances and federal law may impose stricter rules)
• ☐ Other: [________________________________]

9. DAMAGES AND RELIEF REQUESTED

I seek the following relief through NERC investigation, conciliation, and/or subsequent civil action:

• ☐ Back pay and lost benefits from [DATE] to present
• ☐ Front pay / future lost earnings
• ☐ Reinstatement to my former position
• ☐ Promotion to the position I was wrongfully denied
• ☐ Reasonable accommodation (disability or pregnancy): [DESCRIBE ACCOMMODATION]
• ☐ Removal of negative entries from personnel file
• ☐ Neutral letter of reference
• ☐ Compensatory damages for emotional distress and humiliation
• ☐ Punitive damages (NRS § 42.005; NRS § 613.4377)
• ☐ Statutory damages of $5,000+ under NRS § 41.690 (hate-motivated violence, where applicable)
• ☐ Reasonable attorney fees and costs (NRS § 613.4377; NRS § 651.090; 42 U.S.C. § 1988; 42 U.S.C. § 2000e-5(k))
• ☐ Injunctive relief — anti-discrimination training, policy reform, posting of notices
• ☐ Other: [________________________________]

10. EEOC DUAL-FILING ELECTION

☐ I REQUEST that this charge be cross-filed with the U.S. Equal Employment Opportunity Commission (EEOC) under the work-sharing agreement between NERC and EEOC pursuant to 29 C.F.R. § 1601.13. Cross-filing preserves my federal claims under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Equal Pay Act, and the Genetic Information Nondiscrimination Act. I understand that Nevada is an EEOC deferral state and that my federal charge is timely if cross-filing occurs within 300 days of the discriminatory act.

☐ I DO NOT request EEOC cross-filing because my claims arise solely under Nevada state law (e.g., public-accommodation claims under NRS 651.070 having no Title II parallel for sexual-orientation/gender-identity bases, gender-identity claims pre-Bostock fact patterns, etc.).

EEOC Charge Number (if known): [________________________________]

EEOC Las Vegas Local Office (for reference): 333 Las Vegas Blvd. South, Suite 8112, Las Vegas, NV 89101 / (800) 669-4000

11. RIGHT-TO-SUE ELECTION

For employment-related charges (NRS § 613.420):

☐ I REQUEST NERC INVESTIGATION. I understand that NERC will investigate, may attempt mediation or conciliation, and will issue a determination. If NERC declines to find probable cause, NERC will issue a right-to-sue notice. If NERC finds probable cause, NERC may convene a hearing under NRS Chapter 233.

☐ I REQUEST A RIGHT-TO-SUE NOTICE AFTER 180 DAYS. I understand that under NRS § 613.420 and analogous federal practice, after 180 days from the filing of the charge, I may request a right-to-sue notice and pursue civil action without further NERC investigation.

I acknowledge that, after receipt of any right-to-sue notice, I must file a civil action in Nevada district court within ninety (90) days under NRS § 613.420(2) and NRS § 613.430.

12. VERIFICATION AND SIGNATURE

I, [COMPLAINANT NAME], being duly sworn, depose and say that I am the complainant herein; that I have read the foregoing charge and know the contents thereof; and that the same is true of my own knowledge except as to those matters stated upon information and belief, and as to those matters, I believe them to be true. I declare under penalty of perjury under the laws of the State of Nevada (NRS § 53.045) that the foregoing is true and correct.

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

Signature: [________________________________]

Printed Name: [COMPLAINANT NAME]

Subscribed and sworn to before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public

(My Commission Expires: [_______________])

13. ATTACHMENTS AND SUPPORTING DOCUMENTS

The following documents are submitted with this charge:

• ☐ Exhibit A — Detailed timeline of events
• ☐ Exhibit B — Internal complaint and Respondent's response
• ☐ Exhibit C — Termination / adverse action notice
• ☐ Exhibit D — Pay records (pay stubs, W-2s)
• ☐ Exhibit E — Performance reviews
• ☐ Exhibit F — Email / text correspondence
• ☐ Exhibit G — Witness statements / declarations
• ☐ Exhibit H — Medical records (if disability / pregnancy / accommodation involved)
• ☐ Exhibit I — Accommodation request and Respondent's response
• ☐ Exhibit J — Photographs / video / audio (where lawful)
• ☐ Exhibit K — Comparator evidence
• ☐ Exhibit L — Employer handbook / anti-discrimination policy
• ☐ Other: [________________________________]

14. SERVICE / FILING INSTRUCTIONS

Method 1 — Online (Preferred):

Submit through the NERC Public Complaint Portal at https://mynerccomplaint.nv.gov/ by creating an account, completing the intake questionnaire, uploading this narrative as a supplemental attachment, and electronically signing under oath.

Method 2 — Mail (Las Vegas — Headquarters):

Print, sign before a notary, and mail to:

Nevada Equal Rights Commission
Attn: Intake Unit
1820 East Sahara Avenue, Suite 314
Las Vegas, NV 89104

Method 3 — Mail (Reno — Northern Nevada Office):

Nevada Equal Rights Commission
1325 Corporate Boulevard, Room 115
Reno, NV 89502

Method 4 — Telephone Intake:

• Las Vegas: (702) 486-7161
• Reno: (775) 823-6690

Method 5 — In-Person:

By appointment at either the Las Vegas headquarters or the Reno regional office.

After filing: NERC will assign a charge number, may schedule a fact-finding conference, will serve a copy on Respondent, and will conduct an investigation unless an early right-to-sue notice is requested under NRS § 613.420. Complainant must update NERC with any change of address. Respondent typically has thirty (30) days to submit a Position Statement.

15. NEVADA PRACTICE NOTES

• 300-day NERC filing deadline (employment / public accommodations). NRS § 233.160(1)(a)(2) requires a charge to be filed with NERC "not later than 300 days after the date of the occurrence of the alleged practice." This matches the federal deferral-state EEOC window because Nevada has its own state civil rights agency (29 C.F.R. § 1601.13). Housing complaints have a longer 1-year window under NRS § 233.160(1)(b).
• 180-day / 90-day litigation window. NRS § 613.430 imposes a 180-day limitation on civil actions from the date of the act, OR 90 days from the date of receipt of a NERC right-to-sue notice — whichever is LATER. The 180-day clock is tolled while the NERC charge is pending. Once a right-to-sue notice issues, the 90-day clock under NRS § 613.420(2) is hard.
• 2011 expansion: sexual orientation, gender identity or expression. Nevada amended NRS § 613.330 and NRS § 651.070 in 2011 to add "sexual orientation" and "gender identity or expression" as protected classes — well before Bostock v. Clayton County, 590 U.S. 644 (2020). State-law protection is independent of, and not preempted by, Title VII.
• NEOA employer threshold (15 employees). NRS § 613.310(2) defines "employer" as a person with 15 or more employees for each working day in 20 or more calendar weeks in the current or preceding calendar year — matching Title VII's threshold.
• Title VII parity remedies (2019/2023). NRS §§ 613.4353-613.4383 extended Title VII-parity compensatory and punitive damages, tiered by employer size, to NEOA claims, plus longer back-pay periods. Plead these expressly when seeking right-to-sue.
• Public-accommodation claims — direct civil action. NRS § 651.090 authorizes a private civil action for actual damages and equitable relief without NERC exhaustion. A NERC charge is recommended but not jurisdictional for Chapter 651 claims.
• EEOC work-share. NERC and EEOC operate under a work-share agreement (29 C.F.R. § 1601.13). Filing with one is deemed filed with the other for overlapping claims. To preserve federal claims, request dual filing in Section 10 above.
• Right-to-sue mechanics. Under NRS § 613.420, NERC issues a right-to-sue notice (a) when it does not conclude an unfair employment practice has occurred, or (b) upon complainant's request after 180 days. Plaintiff then has 90 days to file civil action in Nevada district court (NRS § 613.420(2), 613.430).
• Tolling during NERC investigation. Under NRS § 613.430, the 180-day limitation period is tolled during the pendency of the NERC charge. EEOC tolling is more limited under federal law.
• Public-employer / state-employee claims. Nevada Personnel Commission procedures may apply to certain state employees in addition to NERC charges. Coordinate with NRS Chapter 284 grievance procedures where applicable.
• Class and pattern-or-practice claims. NERC may investigate systemic discrimination. Pattern-or-practice findings can support broader injunctive relief and class-wide remedies.
• Prepare for fact-finding conference. NERC often convenes a fact-finding conference early in the investigation. Bring all documents, identify witnesses, and prepare a chronology. Statements may be used in subsequent litigation.
• Confidentiality. NERC charge filings are subject to NAC Chapter 233 confidentiality provisions during investigation.
• Retaliation for filing. Retaliation against a complainant for filing a NERC charge is itself a separate violation of NRS § 613.340 and creates a new 300-day window from the retaliatory act.
• Recording laws (evidence collection). Nevada is a one-party-consent state for audio recording (NRS § 200.620), but case law (Lane v. Allstate Ins. Co., 114 Nev. 1176 (1998)) imposes a stricter "all-party" rule for in-person conversations. Consult counsel before producing recorded evidence.
• EEOC Las Vegas Local Office. For ADEA / EPA claims that may not have direct NEOA parallels, the EEOC Las Vegas Local Office is located at 333 Las Vegas Blvd. South, Suite 8112, Las Vegas, NV 89101.

16. SOURCES AND REFERENCES

• Nevada Equal Rights Commission — https://detr.nv.gov/Page/Nevada_Equal_Rights_Commission
• NERC Public Complaint Portal — https://mynerccomplaint.nv.gov/
• NRS Chapter 233 (Nevada Equal Rights Commission) — https://www.leg.state.nv.us/nrs/nrs-233.html
• NRS § 233.020 (definitions) — https://www.leg.state.nv.us/nrs/nrs-233.html#NRS233Sec020
• NRS § 233.150 (NERC powers — investigation, mediation, subpoena, hearing)
• NRS § 233.160 (filing deadlines — 300 days / 1 year) — https://www.leg.state.nv.us/nrs/nrs-233.html#NRS233Sec160
• NAC Chapter 233 (NERC regulations) — https://www.leg.state.nv.us/nac/NAC-233.html
• NRS Chapter 613 (Employment Practices) — https://www.leg.state.nv.us/NRS/NRS-613.html
• NRS § 613.310 (definitions; 15-employee threshold) — https://www.leg.state.nv.us/NRS/NRS-613.html#NRS613Sec310
• NRS § 613.330 (NEOA — unlawful employment practices) — https://www.leg.state.nv.us/NRS/NRS-613.html#NRS613Sec330
• NRS § 613.340 (retaliation) — https://www.leg.state.nv.us/NRS/NRS-613.html#NRS613Sec340
• NRS § 613.420 (right-to-sue notice) — https://www.leg.state.nv.us/NRS/NRS-613.html#NRS613Sec420
• NRS § 613.430 (limitation on actions) — https://www.leg.state.nv.us/NRS/NRS-613.html#NRS613Sec430
• NRS §§ 613.4353-613.4383 (Title VII parity remedies)
• NRS § 651.070 (public accommodations — equal enjoyment) — https://www.leg.state.nv.us/NRS/NRS-651.html#NRS651Sec070
• NRS § 651.090 (private civil action — public accommodations)
• NRS § 41.690 (hate-motivated violence civil action)
• NRS § 42.005 (punitive damages caps)
• 42 U.S.C. § 2000e-5 (Title VII enforcement) — https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964
• 42 U.S.C. § 12117 (ADA enforcement) — https://www.ada.gov/
• 29 U.S.C. § 626 (ADEA enforcement) — https://www.eeoc.gov/age-discrimination
• 29 C.F.R. § 1601.13 (EEOC-state work-share) — https://www.ecfr.gov/
• EEOC Las Vegas Local Office — https://www.eeoc.gov/field-office/lasvegas
• Pope v. Motel 6, 121 Nev. 307, 114 P.3d 277 (2005) (Nevada McDonnell Douglas framework)
• Apeceche v. White Pine Cnty., 96 Nev. 723 (1980) (hostile work environment)
• Allum v. Valley Bank, 109 Nev. 280 (1993) (NEOA exhaustion)
• National R.R. Passenger Corp. v. Morgan, 536 U.S. 101 (2002) (continuing-violation doctrine)
• NERC Las Vegas: 1820 East Sahara Avenue, Suite 314, Las Vegas, NV 89104 / (702) 486-7161
• NERC Reno: 1325 Corporate Boulevard, Room 115, Reno, NV 89502 / (775) 823-6690

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Nevada should review and customize this charge before submission. Laws, citations, agency procedures, and form requirements change frequently; verify current NERC intake procedures at detr.nv.gov/Page/Nevada_Equal_Rights_Commission before filing.