§ 338.125 — Fair employment practices: Contents of contracts concerning public works; violation constitutes material breach of contract

Nevada § 338.125

• Jurisdiction: Nevada
• Title 28: PUBLIC WORKS AND PLANNING
• Ch. 338: Public

Text

1. It is unlawful for any contractor in connection with the performance of work under a contract with a public body, when payment of the contract price, or any part of such payment, is to be made from public money, to refuse to employ or to discharge from employment any person because of his or her race, color, creed, national origin, sex, sexual orientation, gender identity or expression, or age, or to discriminate against a person with respect to hire, tenure, advancement, compensation or other terms, conditions or privileges of employment because of his or her race, creed, color, national origin, sex, sexual orientation, gender identity or expression, or age.
2. Contracts between contractors and public bodies must contain the following contractual provisions:
In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, sexual orientation, gender identity or expression, or age, including, without limitation, with regard to employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including, without limitation, apprenticeship.
The contractor further agrees to insert this provision in all subcontracts hereunder, except subcontracts for standard commercial supplies or raw materials.
3. Any violation of such provision by a contractor constitutes a material breach of contract.
4. As used in this section:
(a) “Gender identity or expression” means a gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth.
(b) “Protective hairstyle” includes, without limitation, hairstyles such as natural hairstyles, afros, bantu knots, curls, braids, locks and twists.
(c) “Race” includes traits associated with race, including, without limitation, hair texture and protective hairstyles.
(d) “Sexual orientation” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.

Legislative History

(Added to NRS by 1959, 137 ; A 1973, 981 ; 1999, 1942 ; 2003, 2417 ; 2011, 501 ; 2021, 1713 )