2005 Nevada Revised Statutes - Chapter 233 — Nevada Equal Rights Commission

CHAPTER 233 - NEVADA EQUAL RIGHTSCOMMISSION

 

NRS 233.010 Declarationof public policy.

NRS 233.020 Definitions.

NRS 233.030 Creation;number, appointment and compensation of members.

NRS 233.040 Qualificationsof members.

NRS 233.050 Chairmanand Secretary; meetings; employees.

NRS 233.080 Biennialreport to Governor and Director of Legislative Counsel Bureau.

NRS 233.085 Governor:Designation of another agency to perform certain duties and functions ofCommission.

NRS 233.090 Administrator:Appointment; qualifications.

NRS 233.100 Administrator:Classification.

NRS 233.110 Administrator:Duties.

NRS 233.140 Commission:Duties.

NRS 233.150 Commission:Powers.

NRS 233.153 Legislativeapproval required before Commission may enter into contract with United StatesDepartment of Housing and Urban Development to act as certified agency.

NRS 233.155 GiftFund.

NRS 233.157 Acceptanceof complaint alleging unlawful discriminatory practice; regulations forprocessing complaint.

NRS 233.160 Complaintalleging unlawful discriminatory practices: Limitations on filing; contents;duties of Commission. [Effective until the date the Governor declares that theFederal Government has determined that certain provisions of NRS provide rightsand remedies for alleged discriminatory housing practices substantiallyequivalent to federal law.]

NRS 233.160 Complaintalleging unlawful discriminatory practice: Limitations on filing; contents;duties of Commission; filing of answer. [Effective on the date the Governordeclares that the Federal Government has determined that certain provisions ofNRS provide rights and remedies for alleged discriminatory housing practicessubstantially equivalent to federal law.]

NRS 233.165 Complaintalleging unlawful discriminatory practice in housing: Period for investigationand final disposition. [Effective on the date the Governor declares that theFederal Government has determined that certain provisions of NRS provide rightsand remedies for alleged discriminatory housing practices substantiallyequivalent to federal law.]

NRS 233.170 Administrativeaction on complaint alleging unlawful practice; judicial review; award ofdamages. [Effective until the date the Governor declares that the FederalGovernment has determined that certain provisions of NRS provide rights andremedies for alleged discriminatory housing practices substantially equivalentto federal law.]

NRS 233.170 Complaintalleging unlawful practice: Procedure for resolution; effect of settlement or decision;scope of administrative or judicial order. [Effective on the date the Governordeclares that the Federal Government has determined that certain provisions ofNRS provide rights and remedies for alleged discriminatory housing practicessubstantially equivalent to federal law.]

NRS 233.180 Injunctiverelief.

NRS 233.190 Confidentialityof information.

NRS 233.200 Reportto Governor.

NRS 233.210 Unlawfulacts; penalty.

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NRS 233.010 Declarationof public policy.

1. It is hereby declared to be the public policy ofthe State of Nevada to protect the welfare, prosperity, health and peace of allthe people of the State, and to foster the right of all persons reasonably toseek, obtain and hold employment and housing accommodations withoutdiscrimination, distinction or restriction because of race, religious creed,color, age, sex, disability, national origin or ancestry.

2. It is hereby declared to be the public policy ofthe State of Nevada to protect the welfare, prosperity, health and peace of allthe people of the State, and to foster the right of all persons reasonably toseek and be granted services in places of public accommodation withoutdiscrimination, distinction or restriction because of race, religious creed,color, age, sex, disability, sexual orientation, national origin or ancestry.

3. It is recognized that the people of this Stateshould be afforded full and accurate information concerning actual and allegedpractices of discrimination and acts of prejudice, and that such informationmay provide the basis for formulating statutory remedies of equal protectionand opportunity for all citizens in this State.

(Added to NRS by 1961, 731; A 1975, 1453; 1991, 1018;2005, 22ndSpecial Session, 93)

NRS 233.020 Definitions. As used in this chapter:

1. Administrator means the Administrator of theCommission.

2. Commission means the Nevada Equal RightsCommission within the Department of Employment, Training and Rehabilitation.

3. Disability means, with respect to a person:

(a) A physical or mental impairment that substantiallylimits one or more of the major life activities of the person;

(b) A record of such an impairment; or

(c) Being regarded as having such an impairment.

4. Member means a member of the Nevada Equal RightsCommission.

5. Sexual orientation means having or beingperceived as having an orientation for heterosexuality, homosexuality orbisexuality.

(Added to NRS by 1961, 732; A 1971, 886; 1975, 222;1991, 1019; 2003,1326; 2005,22nd Special Session, 93)

NRS 233.030 Creation;number, appointment and compensation of members.

1. The Nevada Equal Rights Commission consisting offive members appointed by the Governor, is hereby created.

2. Each member of the Commission is entitled toreceive a salary of not more than $80, as fixed by the Commission, for each dayactually employed on the work of the Commission.

3. While engaged in the business of the Commission,each member and employee of the Commission is entitled to receive the per diemallowance and travel expenses provided for state officers and employeesgenerally.

(Added to NRS by 1961, 732; A 1975, 222, 1094; 1977,1181; 1981, 1978; 1985, 411; 1989, 1708)

NRS 233.040 Qualificationsof members. The members of the Commission mustbe representative of religious, disabled, racial and ethnic groups of bothsexes in the State.

(Added to NRS by 1961, 732; A 1975, 1453; 1991, 1019)

NRS 233.050 Chairmanand Secretary; meetings; employees.

1. The Governor shall appoint a Chairman of theCommission and the members shall elect a Secretary from the membership of theCommission.

2. The Commission may meet regularly at least twice ayear on the call of the Chairman at a place designated by the Chairman or amajority of the Commission.

3. The employees of the Commission are in theclassified service of the State.

(Added to NRS by 1961, 732; A 1967, 1492; 1971, 1429;1973, 444; 1981, 1375; 1983, 1437)

NRS 233.080 Biennialreport to Governor and Director of Legislative Counsel Bureau. The Commission shall, on or before January 15, 1963, andevery January 15 of each odd-numbered year thereafter, prepare and submit areport concerning its activities to the Governor and the Director of theLegislative Counsel Bureau. The Director of the Legislative Counsel Bureaushall cause such report to be made available to each Senator and Assemblyman.

(Added to NRS by 1961, 733; A 1963, 1031)

NRS 233.085 Governor:Designation of another agency to perform certain duties and functions ofCommission. The Governor may designate anotheragency to perform the duties and functions of the Commission set forth in NRS 233.150, 233.160, 233.165and 233.170.

(Added to NRS by 1995, 1989)

NRS 233.090 Administrator:Appointment; qualifications. The Governorshall appoint an Administrator of the Commission. The Administrator must havehad successful experience in the administration and promotion of a programcomparable to the program provided by this chapter.

(Added to NRS by 1971, 885; A 1977, 1182; 2003, 1326)

NRS 233.100 Administrator:Classification. The Administrator is in theunclassified service of the State.

(Added to NRS by 1971, 885; A 1985, 412; 1995, 1989; 2003, 1326)

NRS 233.110 Administrator:Duties. The Administrator shall:

1. Be jointly responsible to the Governor and theCommission.

2. Direct and supervise all of the technical andadministrative activities of the Commission.

3. Perform any lawful act which he considers necessaryor desirable to carry out the purposes and provisions of this chapter.

(Added to NRS by 1971, 886; A 2003, 1326)

NRS 233.140 Commission:Duties. The Commission shall:

1. Foster mutual understanding and respect among allracial, religious, disabled and ethnic groups and between the sexes in theState.

2. Aid in securing equal health and welfare servicesand facilities for all the residents of the State without regard to race,religion, sex, age, disability or nationality.

3. Study problems arising between groups within theState which may result in tensions, discrimination or prejudice because ofrace, color, creed, sex, age, disability, national origin or ancestry, andformulate and carry out programs of education and disseminate information withthe object of discouraging and eliminating any such tensions, prejudices ordiscrimination.

4. Secure the cooperation of various racial,religious, disabled, nationality and ethnic groups, veterans organizations,labor organizations, business and industry organizations and fraternal,benevolent and service groups, in educational campaigns devoted to the need foreliminating group prejudice, racial or area tensions, intolerance ordiscrimination.

5. Cooperate with and seek the cooperation of federaland state agencies and departments in carrying out projects within theirrespective authorities to eliminate intergroup tensions and to promoteintergroup harmony.

(Added to NRS by 1961, 732; A 1965, 695; 1975, 1453;1977, 49, 1603; 1991, 1019)

NRS 233.150 Commission:Powers. The Commission may:

1. Order its Administrator to:

(a) With regard to public accommodation, investigatetensions, practices of discrimination and acts of prejudice against any personor group because of race, color, creed, sex, age, disability, sexualorientation, national origin or ancestry, and may conduct hearings with regardthereto.

(b) With regard to employment and housing, investigatetensions, practices of discrimination and acts of prejudice against any personor group because of race, color, creed, sex, age, disability, national originor ancestry, and may conduct hearings with regard thereto.

2. Mediate between or reconcile the persons or groupsinvolved in those tensions, practices and acts.

3. Issue subpoenas for the attendance of witnesses orfor the production of documents or tangible evidence relevant to anyinvestigations or hearings conducted by the Commission.

4. Delegate its power to hold hearings and issuesubpoenas to any of its members or any hearing officer in its employ.

5. Adopt reasonable regulations necessary for theCommission to carry out the functions assigned to it by law.

(Added to NRS by 1977, 1605; A 1979, 615; 1991, 1019;1995, 1989; 2003,1327; 2005,22nd Special Session, 93)

NRS 233.153 Legislativeapproval required before Commission may enter into contract with United StatesDepartment of Housing and Urban Development to act as certified agency.

1. The Commission shall not contract with or enterinto a memorandum of understanding with the United States Department of Housingand Urban Development for the Commission to investigate and enforce lawsrelating to fair housing as a certified agency unless the Legislature, byresolution or other appropriate legislative measure, expressly authorizes theCommission to do so.

2. As used in this section:

(a) Certified agency has the meaning ascribed to itin 24 C.F.R. 115.100(c). The term refers to the certification of an agency assubstantially equivalent as described in 42 U.S.C. 3610(f)(3)(A) and 24C.F.R. Part 115, Subpart B.

(b) Memorandum of understanding means the memorandumof understanding described in 24 C.F.R. 115.210.

(Added to NRS by 2005, 22nd SpecialSession, 92)

NRS 233.155 GiftFund. All gifts of money which the Commissionis authorized to accept must be deposited with the State Treasurer for creditto the Nevada Equal Rights Commission Gift Fund which is hereby created as atrust fund.

(Added to NRS by 1979, 616; A 1983, 386)

NRS 233.157 Acceptanceof complaint alleging unlawful discriminatory practice; regulations forprocessing complaint. The Commission shallaccept any complaint alleging an unlawful discriminatory practice over which ithas jurisdiction pursuant to this chapter. The Commission shall adoptregulations setting forth the manner in which the Commission will process anysuch complaint and determine whether to hold an informal meeting or conduct aninvestigation concerning the complaint.

(Added to NRS by 2003, 1326)

NRS 233.160 Complaintalleging unlawful discriminatory practices: Limitations on filing; contents;duties of Commission. [Effective until the date the Governor declares that theFederal Government has determined that certain provisions of NRS provide rightsand remedies for alleged discriminatory housing practices substantiallyequivalent to federal law.]

1. A complaint which alleges unlawful discriminatorypractices in:

(a) Housing must be filed with the Commission not laterthan 1 year after the date of the occurrence of the alleged practice or thedate on which the practice terminated.

(b) Employment or public accommodations must be filedwith the Commission not later than 300 days after the date of the occurrence ofthe alleged practice.

A complaint istimely if it is filed with an appropriate federal agency within that period. Acomplainant shall not file a complaint with the Commission if any other stateor federal administrative body or officer which has comparable jurisdiction toadjudicate complaints of discriminatory practices has made a decision upon a complaintbased upon the same facts and legal theory.

2. The complainant shall specify in the complaint thealleged unlawful practice and sign it under oath.

3. The Commission shall send to the party against whoman unlawful discriminatory practice is alleged:

(a) A copy of the complaint;

(b) An explanation of the rights which are available tohim; and

(c) A copy of the Commissions procedures.

(Added to NRS by 1977, 1606; A 1983, 661; 1991, 1982;2005, 22ndSpecial Session, 94)

NRS 233.160 Complaint alleging unlawfuldiscriminatory practice: Limitations on filing; contents; duties of Commission;filing of answer. [Effective on the date the Governor declares that the FederalGovernment has determined that certain provisions of NRS provide rights andremedies for alleged discriminatory housing practices substantially equivalentto federal law.]

1. A complaint which alleges an unlawfuldiscriminatory practice in:

(a) Housing must be filed with the Commission not laterthan 1 year after the date of the occurrence of the alleged practice or thedate on which the practice terminated.

(b) Employment or public accommodations must be filedwith the Commission not later than 300 days after the date of the occurrence ofthe alleged practice.

A complaintis timely if it is filed with an appropriate federal agency within that period.A complainant shall not file a complaint with the Commission if any other stateor federal administrative body or officer which has comparable jurisdiction toadjudicate complaints of discriminatory practices has made a decision upon a complaintbased upon the same facts and legal theory.

2. The complainant shall specify in the complaint thealleged unlawful practice. The complaint must be in writing and signed, underoath, by the complainant.

3. If the complaint alleges an unlawful discriminatorypractice in housing, the Commission shall serve upon the complainant:

(a) Notice that the complaint was filed with theCommission;

(b) A copy of the Commissions procedures;

(c) The information set forth in subsection 5 of NRS 233.170; and

(d) Information relating to the state and federaladministrative bodies and courts with which he may file the complaint.

4. The Commission shall send to the party against whoman unlawful discriminatory practice is alleged:

(a) A copy of the complaint;

(b) An explanation of the rights which are available tohim; and

(c) A copy of the Commissions procedures.

If thecomplaint alleges an unlawful discriminatory practice in housing, the Commissionshall comply with the requirements of this subsection within 10 days after itreceives the complaint.

5. A person against whom an unlawful discriminatorypractice in housing is alleged may file with the Commission an answer to thecomplaint filed against him not later than 10 days after he receives theinformation described in subsection 4.

(Added to NRS by 1977, 1606; A 1983, 661; 1991, 1982;1995, 1989; 2005,22nd Special Session, 94, effective on the date the Governor declares thatthe Federal Government has determined that certain provisions of NRS providerights and remedies for alleged discriminatory housing practices substantiallyequivalent to federal law)

NRS 233.165 Complaintalleging unlawful discriminatory practice in housing: Period for investigationand final disposition. [Effective on the date the Governor declares that theFederal Government has determined that certain provisions of NRS provide rightsand remedies for alleged discriminatory housing practices substantiallyequivalent to federal law.]

1. If the Commission determines to conduct aninvestigation of a complaint which alleges an unlawful discriminatory practicein housing in accordance with the regulations adopted pursuant to NRS 233.157, the Commission must:

(a) Begin an investigation of the complaint within 30days after it receives the complaint.

(b) Complete its investigation of the complaint within100 days after it receives the complaint unless it is impracticable to do so.

(c) Make a final disposition of the complaint within 1year after the date it receives the complaint unless it is impracticable to doso.

2. If the Commission determines that it isimpracticable to complete an investigation or make a final disposition of acomplaint which alleges an unlawful discriminatory practice in housing withinthe period prescribed in subsection 1, the Commission shall send to thecomplainant and the person against whom the complaint was filed a statementsetting forth its reasons for not completing the investigation or making afinal disposition of the complaint within that period.

(Added to NRS by 1995, 1989; A 2003, 1327,effective on the date the Governor declares that the Federal Government hasdetermined that certain provisions of NRS provide rights and remedies foralleged discriminatory housing practices substantially equivalent to federallaw)

NRS 233.170 Administrativeaction on complaint alleging unlawful practice; judicial review; award ofdamages. [Effective until the date the Governor declares that the FederalGovernment has determined that certain provisions of NRS provide rights andremedies for alleged discriminatory housing practices substantially equivalentto federal law.]

1. When a complaint is filed whose allegations if truewould support a finding of unlawful practice, the Commission shall determinewhether to hold an informal meeting to attempt a settlement of the dispute inaccordance with the regulations adopted pursuant to NRS 233.157. If the Commission determinesto hold an informal meeting, the Administrator may, to prepare for the meeting,request from each party any information which is reasonably relevant to thecomplaint. No further action may be taken if the parties agree to a settlement.

2. If an agreement is not reached at the informalmeeting, the Administrator shall determine whether to conduct an investigationinto the alleged unlawful practice in accordance with the regulations adoptedpursuant to NRS 233.157. After theinvestigation, if the Administrator determines that an unlawful practice hasoccurred, the Administrator shall attempt to mediate between or reconcile theparties. The party against whom a complaint was filed may agree to cease theunlawful practice. If an agreement is reached, no further action may be takenby the complainant or by the Commission.

3. If the attempts at mediation or conciliation fail,the Commission may hold a public hearing on the matter. After the hearing, ifthe Commission determines that an unlawful practice has occurred, it may:

(a) Serve a copy of its findings of fact within 10calendar days upon any person found to have engaged in the unlawful practice;and

(b) Order the person to:

(1) Cease and desist from the unlawful practice.

(2) In cases involving an unlawful employmentpractice, restore all benefits and rights to which the aggrieved person isentitled, including, but not limited to, rehiring, back pay for a period not toexceed 2 years after the date of the most recent unlawful practice, annualleave time, sick leave time or pay, other fringe benefits and seniority, withinterest thereon from the date of the Commissions decision at a rate equal tothe prime rate at the largest bank in Nevada, as ascertained by the Commissionerof Financial Institutions, on January 1 or July 1, as the case may be, immediatelypreceding the date of the Commissions decision, plus 2 percent. The rate ofinterest must be adjusted accordingly on each January 1 and July 1 thereafteruntil the judgment is satisfied.

4. The order of the Commission is a final decision ina contested case for the purpose of judicial review. If the person fails tocomply with the Commissions order, the Commission shall apply to the districtcourt for an order compelling such compliance, but failure or delay on the partof the Commission does not prejudice the right of an aggrieved party tojudicial review. The court shall issue the order unless it finds that theCommissions findings or order are not supported by substantial evidence or areotherwise arbitrary or capricious. If the court upholds the Commissions orderand finds that the person has violated the order by failing to cease and desistfrom the unlawful practice or to make the payment ordered, the court shallaward the aggrieved party actual damages for any economic loss and no more.

5. After the Commission has held a public hearing andrendered a decision, the complainant is barred from proceeding on the samefacts and legal theory before any other administrative body or officer.

(Added to NRS by 1961, 732; A 1975, 776, 1454; 1977,62, 1604; 1983, 771; 1987, 941; 2003, 1327)

NRS 233.170 Complaint alleging unlawful practice:Procedure for resolution; effect of settlement or decision; scope ofadministrative or judicial order. [Effective on the date the Governor declaresthat the Federal Government has determined that certain provisions of NRSprovide rights and remedies for alleged discriminatory housing practicessubstantially equivalent to federal law.]

1. When a complaint is filed whose allegations if truewould support a finding of unlawful practice, the Commission shall determinewhether to hold an informal meeting to attempt a settlement of the dispute inaccordance with the regulations adopted pursuant to NRS 233.157. If the Commission determinesto hold an informal meeting, the Administrator may, to prepare for the meeting,request from each party any information which is reasonably relevant to thecomplaint. Except as otherwise provided in subsection 3, no further action maybe taken if the parties agree to a settlement.

2. If an agreement is not reached at the informalmeeting, the Administrator shall determine whether to conduct an investigationinto the alleged unlawful practice in accordance with the regulations adoptedpursuant to NRS 233.157. After theinvestigation, if the Administrator determines that an unlawful practice hasoccurred, the Administrator shall attempt to mediate between or reconcile theparties. The party against whom a complaint was filed may agree to cease theunlawful practice. Except as otherwise provided in subsection 3, if anagreement is reached, no further action may be taken by the complainant or bythe Commission.

3. If an agreement is reached by the parties in a caseinvolving a discriminatory practice in housing, the agreement must be approvedby the Commission. The agreement must be made public unless the partiesotherwise agree and the Commission determines that disclosure is not necessaryto further the purposes of chapter 118 of NRS.

4. If the attempts at mediation or conciliation failin a case involving an unlawful practice in employment or publicaccommodations, the Commission may hold a public hearing on the matter. Afterthe hearing, if the Commission determines that an unlawful practice hasoccurred, it may:

(a) Serve a copy of its findings of fact within 10calendar days upon any person found to have engaged in the unlawful practice;and

(b) Order the person to:

(1) Cease and desist from the unlawful practice.

(2) In cases involving an unlawful employmentpractice, restore all benefits and rights to which the aggrieved person isentitled, including, but not limited to, rehiring, back pay for a period not toexceed 2 years after the date of the most recent unlawful practice, annualleave time, sick leave time or pay, other fringe benefits and seniority, withinterest thereon from the date of the Commissions decision at a rate equal tothe prime rate at the largest bank in Nevada, as ascertained by the Commissionerof Financial Institutions, on January 1 or July 1, as the case may be, immediatelypreceding the date of the Commissions decision, plus 2 percent. The rate ofinterest must be adjusted accordingly on each January 1 and July 1 thereafteruntil the judgment is satisfied.

5. If the attempts at mediation or conciliation failin a case involving an unlawful housing practice:

(a) The complainant or the person against whom thecomplaint was filed may elect to have the claims included in the complaintdecided in a court of competent jurisdiction. If the court determines that theperson against whom the complaint was filed has committed an unlawful housingpractice, the court may:

(1) Award to the complainant actual damages and,within the limitations prescribed by federal law, punitive damages.

(2) Award to the prevailing party costs andreasonable attorneys fees.

(3) Order such other relief as the court deemsappropriate, including, but not limited to:

(I) Ordering a permanent or temporaryinjunction;

(II) Issuing a temporary restrainingorder; or

(III) Enjoining the defendant fromcontinuing the unlawful practice or taking other such affirmative action.

(b) If an election is not made pursuant to paragraph(a), the Commission shall hold a public hearing on the matter. After thehearing, if the Commission determines that an unlawful practice has occurred,it may:

(1) Serve a copy of its findings of fact within10 days upon any person found to have engaged in the unlawful practice;

(2) Order the person to cease and desist fromthe unlawful practice;

(3) Award to the complainant actual damages; and

(4) Impose a civil penalty of not more than$25,000 upon the person who committed the unlawful discriminatory practice.

6. The order of the Commission is a final decision ina contested case for the purpose of judicial review. If the person fails tocomply with the Commissions order, the Commission shall apply to the districtcourt for an order compelling such compliance, but failure or delay on the partof the Commission does not prejudice the right of an aggrieved party tojudicial review. The court shall issue the order unless it finds that theCommissions findings or order are not supported by substantial evidence or areotherwise arbitrary or capricious. If the court upholds the Commissions orderand finds that the person has violated the order by failing to cease and desistfrom the unlawful practice or to make the payment ordered, the court shallaward the aggrieved party actual damages for any economic loss and no more.

7. After the Commission has held a public hearing andrendered a decision, the complainant is barred from proceeding on the samefacts and legal theory before any other administrative body or officer.

(Added to NRS by 1961, 732; A 1975, 776, 1454; 1977,62, 1604; 1983, 771; 1987, 941; 1995, 1990; 1997, 52; 2003, 1327, 1328, effective onthe date the Governor declares that the Federal Government has determined thatcertain provisions of NRS provide rights and remedies for allegeddiscriminatory housing practices substantially equivalent to federal law)

NRS 233.180 Injunctiverelief. If, after the Administrator hasconducted a preliminary investigation into an alleged unlawful discriminatorypractice in housing, employment or public accommodations, the Commissiondetermines that the practice will cause immediate and irreparable harm to anyperson aggrieved by the practice, the Commission, after the informal meetingand before holding a public hearing upon the matter, may apply on behalf ofsuch person to the district court for a temporary restraining order orpreliminary injunction as provided in the Nevada Rules of Civil Procedure.

(Added to NRS by 1977, 1606; A 2003, 1330)

NRS 233.190 Confidentialityof information.

1. Except as otherwise provided in this section, anyinformation gathered by the Commission in the course of its investigation of analleged unlawful discriminatory practice in housing, employment or publicaccommodations is confidential.

2. The Commission may disclose information gatheredpursuant to subsection 1 to:

(a) Any governmental entity as appropriate or necessaryto carry out its duties pursuant to this chapter; or

(b) To any other person if the information is providedin a manner which does not include any information that may be used to identifythe complainant, the party against whom the unlawful discriminatory practice isalleged or any person who provided information to the Commission during theinvestigation.

3. Except as otherwise provided in subsection 4, theCommission shall disclose information gathered pursuant to subsection 1 to thecomplainant and the party against whom the unlawful discriminatory practice isalleged if:

(a) Each has consented to such disclosure; or

(b) The Commission has determined to conduct a hearingon the matter or apply for a temporary restraining order or an injunction or anaction has been filed in court concerning the complaint.

4. The Commission may not disclose to the complainantor the party against whom the unlawful discriminatory practice is alleged:

(a) Any information obtained during negotiations for asettlement or attempts at mediating or conciliating the complaint.

(b) Any investigative notes or reports made by theCommission.

(c) Any information that may be used to identify aperson who provided information to the Commission during the investigation andwho has requested anonymity.

5. Except as otherwise provided in this section, ifthe Commissions attempts at mediating or conciliating the cause of thegrievance succeed, the information gathered pursuant to subsection 1 mustremain confidential.

6. If the Commission proceeds with a hearing orapplies for injunctive relief, confidentiality concerning any information,except negotiations for a settlement or attempts at mediating or conciliatingthe cause of the grievance, is no longer required.

(Added to NRS by 1977, 1606; A 2003, 1330)

NRS 233.200 Reportto Governor. After the completion of anyhearing the Commission shall make a report in writing to the Governor settingforth its findings of fact and recommendations or actions taken pursuant tothis chapter. The Commission shall use its best efforts to bring aboutcompliance with its recommendations.

(Added to NRS by 1977, 1606)

NRS 233.210 Unlawfulacts; penalty. Any person who willfullyresists, prevents, impedes or interferes with the Commission, its members, theAdministrator or agents in the performance of duties pursuant to this chaptershall be fined not more than $500.

(Added to NRS by 1971, 886; A 1979, 1463; 1985, 256; 2003, 1331)

 

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