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Nevada Sue
Your Boss Act |
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In Nevada
a bill is being introduced that will make it easier for
employees to sue their employers. The bill will require
a court to award certain relief to an employee injured by
certain unlawful employment practices under certain
circumstances. (BDR 53-561).
SB
180 is a bill being
sponsored by Assemblymen Aizley, Healey, Ohrenschall, Elliot
Anderson, Hogan, Neal, Pierce, and Swank.
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The
NFIB
is strongly opposed to the bill and stated
that “there seems to be a
growing dislike and even distrust of business owners in this
state, as evidenced by the numerous bills this session that
are attempting to limit an employer’s ability to run his or
her business.”
They claimed that the bill
should accurately be called the “Sue
Your Boss Act”.
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Existing
law provides that a person who has suffered an injury as a
result of certain unlawful employment practices may file a
complaint with the Nevada Equal Rights Commission (NRS 613
405).
Existing law also provides
that if the Commission does not conclude that an unfair
employment practice has occurred, the person alleging such a
practice may bring an action in district court.
This bill provides that if
a court finds that an employee has been injured as a result
of certain unlawful employment practices, the court must
award to the employee, in addition to any other legal or
equitable relief, damages, loss wages and benefits, cost and
attorney’s fees to the extent consistent with Title VII of
the Civil Rights Act, 42 U.S.C.
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This law
will affect small businesses in Nevada with 15 or more
employees.
Excluded are Indian
tribes,
private clubs, small
businesses with out of state employees, and religious
organizations.
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According to the NFIB “a
discrimination case filed against a small-business owner can
easily cost the business $70,000 dollars, provided it is
settled before going to trial. This amount can cause a small
business to close its doors, even if the employer is
successful in his or her defense.”
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Sources:
NFIB
SB 180 (follow progress)
By Owen
Daniels
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