What are the requirements relating to advertising open positions?
It is unlawful to induce, influence, persuade or engage workers to change from one place to another through means of false or deceptive representations, false advertising, or false pretenses concerning the character of the work, the amount of pay, sanitary or other work conditions, or the existence of a strike or other labor unrest (Nev. Rev. Stat. § 613.010). In addition, employment agencies may not knowingly send an applicant to any place where a strike, lockout or other labor trouble exists without providing the applicant with a written statement of that fact and retaining a copy signed by the applicant for one year (Nev. Rev. Stat. § 611.290). Employers must also comply with the anti-discrimination provisions of the Nevada Equal Opportunities for Employment Act (Nev. Rev. Stat. § 613.310 et seq.).
(a)Criminal records and arrests
Nevada law does not restrict a private employer’s use of criminal history records for arrests and convictions. Different requirements apply for certain Nevada public employers. However, the Nevada Equal Rights Commission pre-employment guidelines discourage inquiries regarding arrests that did not result in conviction.
If an employer authorizes a third-party service to obtain criminal records, those records can only be provided to the employer, and not to another third-party employment screening service. 2017 Nev. Op. Atty. Gen. No. 12 (Nev. A.G.), 2018 WL 804159.
It is unlawful for a Nevada employer to:
ask or encourage an employee or job applicant to submit to a genetic test; require or administer a genetic test to a person as a condition of employment; deny employment based on genetic information; alter the terms, conditions or privileges of employment based on genetic information; or terminate employment based on genetic information (Nev. Rev. Stat. § 613.345).