Nevada state law and the Age Discrimination in Employment Act of 1967 (ADEA)
protect individuals who are 40 years of age or older from employment
discrimination based on age. The laws’ protections apply to both employees and
job applicants. It is unlawful to discriminate against a person because of his/her
age with respect to any term, condition, or privilege of employment -- including,
but not limited to, hiring, firing, promotion, layoff, compensation, benefits, job
assignments, and training.
It is also unlawful to retaliate against an individual for opposing employment
practices that discriminate based on age or for filing an age discrimination charge,
testifying, or participating in any way in an investigation, proceeding, or litigation
regarding age discrimination.
Apprenticeship Programs
It is generally unlawful for apprenticeship programs, including joint labor-
management apprenticeship programs, to discriminate on the basis of an
individual's age. Age limitations in apprenticeship programs are valid only if they
fall within certain specific exceptions under the law or if the federal government
grants a specific exemption.
Job Notices and Advertisements
It is unlawful to include age preferences, limitations, or specifications in job notices
or advertisements. As a narrow exception to that general rule, a job notice or
advertisement may specify an age limit in the rare circumstances where age is
shown to be a "bona fide occupational qualification" (BFOQ) reasonably necessary
to the essence of the business.
Pre-Employment Inquiries
The law does not specifically prohibit an employer from asking an applicant's age or
date of birth. However, because such inquiries may deter older workers from
applying for employment or may otherwise indicate possible intent to discriminate
based on age, the Nevada Equal Rights Commmission will closely scrutinize
requests for age information to make sure that the inquiry was made for a lawful
purpose, rather than for a discriminatory one.
Facts About Age
Discrimination
Benefits
Employers can not deny benefits to older employees. An employer may reduce
benefits based on age only if the cost of providing the reduced benefits to older
workers is the same as the cost of providing benefits to younger workers.
Waivers of Age Discrimination Claim Rights
At an employer's request, an individual may agree to waive his/her age
discrimination rights or claims under state and federal law. However, federal law
sets out specific minimum standards that must be met in order for a waiver to be
considered knowing and voluntary and, therefore, valid. Among other
requirements, a valid waiver: (1) must be in writing and be understandable; (2)
must specifically refer to ADEA rights or claims; (3) may not waive rights or claims
that may arise in the future; (4) must be in exchange for valuable consideration;
(5) must advise the individual in writing to consult an attorney before signing the
waiver; and (6) must provide the individual at least 21 days to consider the
agreement and at least 7 days to revoke the agreement after signing it. In
addition, if an employer requests a waiver of age discrimination claims in
connection with an exit incentive program or other employment termination
program, the minimum requirements for a valid waiver are more extensive.
You should consult an attorney if you are asked to sign a waiver of any of your
rights under state or federal discrimination laws.
If You Think You Have Been Discriminated Against
Because Of Age, Contact
The Nevada Equal Rights Commission
Nevada Equal Rights Commission Nevada Equal Rights Commission
1820 East Sahara Avenue, Suite 314 1675 E. Prater Way, Suite 103
Las Vegas, NV 89104 Sparks, NV 89434
PH: 702 486-7161 PH: 775-823-6690
Fax: 702-486-7054 Fax: 775-688-1292
Or visit us on the Internet
www.detr.state.nv.us
A complaint must be filed within 300 days of the date of the alleged discriminatory conduct.
You may also contact the federal Equal Employment Opportunity Commission (EEOC)
at 1-800-669-4000 or on the Internet at http://www.eeoc.gov/
