NRS 613.132
Unlawful act of employer for failing or refusing to hire prospective employee based on screening test which indicates presence of marijuana

  • exceptions
  • additional screening test to rebut results of initial test.
Except as otherwise specifically provided by law:

1.

It is unlawful for any employer in this State to fail or refuse to hire a prospective employee because the prospective employee submitted to a screening test and the results of the screening test indicate the presence of marijuana.

2.

The provisions of subsection 1 do not apply if the prospective employee is applying for a position:

(a)

As a firefighter, as defined in NRS 450B.071;

(b)

As an emergency medical technician, as defined in NRS 450B.065;

(c)

That requires an employee to operate a motor vehicle and for which federal or state law requires the employee to submit to screening tests; or

(d)

That, in the determination of the employer, could adversely affect the safety of others.

3.

If an employer requires an employee to submit to a screening test within the first 30 days of employment, the employee shall have the right to submit to an additional screening test, at his or her own expense, to rebut the results of the initial screening test. The employer shall accept and give appropriate consideration to the results of such a screening test.

4.

The provisions of this section do not apply:

(a)

To the extent that they are inconsistent or otherwise in conflict with the provisions of an employment contract or collective bargaining agreement.

(b)

To the extent that they are inconsistent or otherwise in conflict with the provisions of federal law.

(c)

To a position of employment funded by a federal grant.

5.

As used in this section, “screening test” means a test of a person’s blood, urine, hair or saliva to detect the general presence of a controlled substance or any other drug.

Source: Section 613.132 — Unlawful act of employer for failing or refusing to hire prospective employee based on screening test which indicates presence of marijuana; exceptions; additional screening test to rebut results of initial test., https://www.­leg.­state.­nv.­us/NRS/NRS-613.­html#NRS613Sec132.

613.080
Involuntary servitude prohibited 613.090
Obtaining employment by false or forged letter of recommendation or union card: Penalty. 613.100
Endangering life or property by breaking employment contract: Penalty. 613.110
Grafting by employee: Penalty. 613.120
Unlawful to demand or receive fee or commission as condition to giving or continuing employment to worker 613.125
Effect of employer’s failure to make agreed payments to health or welfare fund 613.130
Unlawful agreements concerning membership in labor organizations as condition of obtaining or continuing employment 613.132
Unlawful act of employer for failing or refusing to hire prospective employee based on screening test which indicates presence of marijuana 613.135
Unlawful acts of employer relating to social media account of employee or prospective employee. 613.140
Employer compelling or inducing employee to trade at particular store or board at particular boardinghouse: Penalty. 613.150
Transportation company compelling purchase of uniform from particular person or employer as condition of continuing employment unlawful 613.155
Notification to employer of employee’s sickness or injury and inability to work 613.160
Spotters: Right of employee to be confronted with accuser 613.170
Time checks: Discounts and deductions unlawful. 613.180
Hospital fees: Unlawful collection from employee. 613.190
Corrupt influencing of employee unlawful. 613.195
Noncompetition covenants: Limitations 613.200
Prevention of employment of person who has been discharged or who terminates employment unlawful 613.210
Blacklists unlawful 613.220
Assembling and cooperation of employees to secure increases in wages unrestricted. 613.222
Employer required to make reasonable accommodations for employee who is victim of domestic violence 613.223
Unlawful for employer to take certain actions against employee for reasons related to domestic violence. 613.225
Labor Commissioner to adopt regulations to establish certain procedures required by 42 U.S.C. § 607(f).
Last Updated

Jun. 24, 2021

§ 613.132’s source at nv​.us