2022 Nevada Revised Statutes
Chapter 284 - State Personnel System
NRS 284.4086 - Creation and duties of Sex- or Gender-Based Harassment and Discrimination Investigation Unit; investigation and resolution of complaint regarding sex- or gender-based harassment or discrimination; confidentiality of complaint and related information; effect of conflict with collective bargaining agreement.

1. The Sex- or Gender-Based Harassment and Discrimination Investigation Unit is hereby created within the Division.

2. The Sex- or Gender-Based Harassment and Discrimination Investigation Unit shall promptly assign or appoint an investigator to investigate any complaint regarding suspected harassment or discrimination based on sex or gender filed by an employee pursuant to the procedure established in accordance with NRS 284.4082 or received pursuant to NRS 284.4084. An investigator assigned or appointed pursuant to this section shall inform each person involved in such an investigation of the provisions of subsection 6. The investigation must be conducted as discreetly and with as minimal disruption to the workplace as possible.

3. At the conclusion of the investigation, the investigator shall prepare a written report of his or her findings and submit the report to the Sex- or Gender-Based Harassment and Discrimination Investigation Unit for transmission to the appointing authority of the agency in which the complaint arose or a person designated by the appointing authority to handle issues relating to sex- or gender-based harassment and discrimination and the deputy attorney general or other counsel designated to act as an attorney for the agency.

4. The Sex- or Gender-Based Harassment and Discrimination Investigation Unit shall notify a complainant when a report has been completed and forwarded to the appointing authority for review.

5. Upon receipt of a written report prepared pursuant to subsection 3, the appointing authority shall review the report and determine the appropriate resolution of the complaint. The appointing authority shall:

(a) Notify the Sex- or Gender-Based Harassment and Discrimination Investigation Unit in writing of its determination regarding the resolution of the complaint within 30 days after the date on which the resolution occurs; and

(b) Retain a copy of the written report prepared pursuant to subsection 3 and the written notification of the resolution of the complaint described in paragraph (a).

6. Except as otherwise provided in subsection 8, a complaint filed pursuant to NRS 284.4084 and any information relating to the complaint, including, without limitation, information that is:

(a) Obtained by the investigator in the investigation of a complaint pursuant to subsection 2;

(b) Contained in a written report of a complaint retained pursuant to subsection 5; or

(c) Contained in a written resolution of a complaint retained pursuant to subsection 5,

is confidential and must not be disclosed unless so ordered by the Administrator or his or her designee or a court of competent jurisdiction. Such information that is ordered to be disclosed must not be disclosed until after the conclusion of the investigation.

7. If the Administrator or his or her designee decides pursuant to subsection 6 to order the disclosure of any information that may be used to identify a person who filed a complaint pursuant to NRS 284.4084, a person who is the subject of such a complaint or a person who claims to have witnessed an employee being harassed or discriminated against based on his or her sex or gender, the Administrator or his or her designee shall notify the person regarding the decision at least 10 days before ordering the disclosure. A person who receives such notice may, within 10 days after receiving the notice, file a written appeal of the decision with the Commission. If such an appeal is filed, the Commission shall, in a closed hearing, consider the decision of the Administration for which the appeal is taken. If the Commission determines that the information must not be disclosed, the Commission shall keep the information confidential.

8. A person or governmental entity identified in a complaint filed pursuant to NRS 284.4084 may disclose the identity of any other person or entity identified in the complaint if such disclosure is necessary to file a claim authorized by law that is based on the same facts and circumstances as those identified in the complaint.

9. An appointing authority shall take any action necessary to protect a complainant whose identity is disclosed pursuant to subsection 6 or 8 from retaliation for filing the complaint.

10. In the event of a conflict between this section and the provisions of a collective bargaining agreement entered into pursuant to NRS 288.400 to 288.630, inclusive, the provisions of this section prevail.

(Added to NRS by 2021, 1913)