What is the Nevada Pregnant Workers Fairness Act?

Prevailing wage workers and HR managers in Nevada should be aware of a new law that came into effect last October 1. The Nevada Pregnant Workers’ Fairness Act (NPWFA) expands the scope of protections provided to female employees to pregnancy, childbirth, and related medical conditions.

The NPWFA applies to employers who have 15 or more employees and hourly workers.

What’s new for prevailing wage workers and employees?

Under the Nevada Pregnant Workers’ Fairness Act, it is now unlawful employment practice for employers to:

  • Take adverse action against an otherwise qualified female employee or applicant due to a request of, or use of, a reasonable accommodation
  • Deny an employment opportunity to an otherwise qualified female employee or applicant due to a request of, or use of, a reasonable accommodation
  • Refuse to provide a reasonable accommodation to a female employee or applicant for a protected condition

A “reasonable accommodation” is determined by the employer and employee engaged in a “good faith and interactive process”. This process begins once a female employee or applicant requests an accommodation for a protected condition. Employers can ask a statement from the employee’s physician regarding the requested accommodation.

On the other hand, employers cannot require a female employee or applicant to accept an accommodation if she has not requested one or if she chooses not to accept the accommodation. Employers are also not allowed to force female employees to leave employment if there is a reasonable accommodation that would allow the employee to work.

Lastly, employers are required to provide two written or electronic notices, to be posted in a conspicuous place at its place of business in an area accessible to employees. These notices must indicate separately:

  • Employees have the right to be free from discriminatory or unlawful employment practices, pursuant to NRS 613.335 and Sections 2-8 of the act
  • Female employees have the right to a reasonable accommodation for medical conditions related to pregnancy or childbirth (protected conditions)

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