Nevada — Hiring & Onboarding

Nevada employers and employment agencies may not seek an applicant's wage or salary history—orally, in writing, or through an agent—and may not rely on that history to determine whether to offer employment or to set the applicant's compensation. The prohibition applies even when the applicant voluntarily discloses salary history, unless the applicant does so without prompting after an employment offer with compensation has been made. Employers must provide the wage or salary range for a position after completing an initial interview or upon the applicant's request. The statute covers all Nevada employers, including state and local government.

Source: NRS 613.133

Nevada prohibits public employers from asking about an applicant's criminal history on the initial employment application. This "ban-the-box" requirement applies to state agencies (including appointing authorities governed by Chapter 284 of NRS and the Administrator of the Division of Human Resource Management), counties, incorporated cities, and unincorporated towns. Private employers are not covered by Nevada's ban-the-box law and may ask about criminal history at any stage of the hiring process, subject to federal anti-discrimination requirements.

When Criminal History May Be Considered

Covered public employers may inquire about and consider an applicant's criminal history only after one of three trigger points:

1. After the final interview for the position;
2. After extending a conditional offer of employment; or
3. Upon certification of the applicant, if applicable under the employer's procedures.

The initial employment application form must not include any question asking whether the applicant has been convicted of a felony or has any criminal convictions.

Required Procedural Protections

When a public employer intends to reject an applicant or rescind a conditional offer based on criminal history, NRS 284.281 and NRS 284.283 impose specific procedural requirements. The employer must follow a multi-step process that includes written notice to the applicant, specification of the conviction(s) that form the basis for the adverse decision, and an opportunity for the applicant to discuss the matter with the appointing authority's human resources director or designee.

The employer must consider five individualized factors before making a final adverse decision: (1) the nature and gravity of the offense; (2) the time elapsed since the offense; (3) the nature of the position sought; (4) the relationship of the offense to the position; and (5) evidence of the applicant's rehabilitation. Public employers may not consider convictions that have been sealed, dismissed, expunged, or pardoned.

Enforcement

Under NRS 613.330(8), it is an unlawful employment practice for a covered public employer to consider criminal history without following the required procedures. Applicants who believe their rights under Nevada's ban-the-box law have been violated may file a complaint with the Nevada Equal Rights Commission, which enforces the state's anti-discrimination employment laws.

Source: NRS 613.330 Source: NRS 284.281 Source: NRS 284.283