“The Nevada Equal Rights Commission” Sexual Harassment

Sexual harassment is a form of sex discrimination that violates Nevada state law and Title VII of the Civil Rights Act of 1964.

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct, explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment.

Sexual harassment can occur in a variety of circumstances, including but not limited to the following:

  • The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.
  • The harasser can be the victim’s supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.
  • The victim does not have to be the person harassed, but could be anyone affected by the offensive conduct.
  • Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
  • The harasser’s conduct must be unwelcome.

It is helpful for the victim to directly inform the harasser that the conduct is unwelcome and must stop. The victim should use any employer complaint mechanism or grievance system available. Failure to report sexual harassment to the employer may limit the remedies available to the victim.

Persons who file a charge, oppose unlawful employment discrimination, participate in employment discrimination proceedings, or otherwise assert their rights under the laws enforced by the Commission are protected against retaliation.  When investigating allegations of sexual harassment, the Nevada Equal Rights Commission considers the circumstances, such as the nature of the sexual advances, and the context in which the alleged incidents occurred, and the severity and pervasiveness of the sexual conduct.

If You Think You Have Been Discriminated Against Because of Sexual Harassment, Contact:

Nevada Equal Rights Commission

1820 East Sahara Avenue, Suite 314

Las Vegas, NV 89104

PH: 702 486-7161 Fax: 702-486-7054


You may also contact the federal Equal Employment Opportunity Commission (EEOC)

at 1-800-669-4000 or on the Internet at http://www.eeoc.gov/

Nevada…”At-Will” Employment and What It Means For You

Many people I encounter think that Nevada employers need to have a good reason to fire you, but that simply is not true. The truth is they just need to not have a “bad reason” to fire you. “At-will employment” is an employment relationship in which you may fire your employee at any time for any reason and your employee may resign at any time for any reason. This is the default employment relationship in Nevada, absent an employment contract with specific terms.
In an at-will employment position, you can quit whenever you want without giving notice, just like your employer can fire you whenever it wants (subject to some limitations discussed below) without notice. It seems unfair when you’re on the wrong end of an arbitrary termination, but it doesn’t seem unfair when you quit your job to get higher pay somewhere else. If you were subject to an employment contract, you could be denied the opportunity to take that higher paying job or you could theoretically owe money to your employer for the costs incurred by you breaking your contract. So I always tell people to be careful what you wish for – employment contracts aren’t always everything they’re cracked up to be.
Nevada has some exceptions to the at-will employment doctrine, however, that can potentially protect you: implied contracts and public policy exceptions. Implied contracts arise when your employer, through written or oral communications, indicates to you that your job is secure in some way. These types of implied contracts can be found in a variety of circumstances, such as when an employer states that you will only be fired for just cause, if the employee handbook includes a finite list of reasons for which you can be terminated, or if your employer pledges to only terminate you after progressive discipline is enacted.
There are also federal, state and local anti-discrimination laws that prohibit adverse action based on any legally protected classification. Protected classes are broadly defined to include, race, color, sex, age, national origin, disability, military service, and more.
Public policy exceptions are situations where a court determines that Nevada has a strong interest in stopping someone from being fired for some act. Reporting illegal behavior, refusing to violate the law, or filing a worker’s compensation claim are a few of these exceptions. If you think you were fired illegally, talk to a Nevada employment attorney. An attorney can help you sort through the facts and assess the strength of your claim. Whether you want to try to get your job back, negotiate a severance package, or sue your employer in court, an attorney can walk you through your options and help you decide how best to proceed.

Tanika M. Capers, Esq.

‘Nevada Pro Bono Services’

The Legal Aid Center of Southern Nevada’s Mission is to the preservation of access to justice and the provision of quality legal counsel, advice and representation for individuals who are unable to protect their rights because they cannot afford an attorney.  How this legal service is provided is through the Pro Bono Project. 

The Pro Bono Project coordinates private attorneys who generously volunteer to provide free legal services to individual who cannot afford an attorney.  While the attorneys do not charge clients their hourly rates, clients are responsible for any cost in the case that cannot be waived. 

Through the Project, pro bono attorneys provide assistance with matters including, but not limited to, real estate, consumer fraud, bankruptcy, and family law, including representation of domestic violence victims and child victims of abuse. 


The Pro Bono Project matches private attorney volunteers with low-income individuals in need of assistance in the following areas:

  • Adoption
  • Bankruptcy
  • Child Abuse/Neglect (Representing Children)
  • Civil/Consumer
  • Divorce
  • Domestic Violence


The above list is not exclusive of the areas of assistance.  It is also important to note that they DO NOT provide assistance with criminal, employment, personal injury, or traffic matters. 

To apply for services, residents of Clark County must meet financial guidelines established the Legal Aid Center of Southern Nevada. 

If an applicant meets the initial requirements, the applicant will be scheduled for an interview with an intake advocate. The applicant will be required to provide proof of all Household income and documents related to the case. 

Once all necessary intake information has been provided, the case will be considered by a review committee.  The committee will determine whether we will assist the applicant based on a variety of factors, including, but not limited to, merits of the case and availability of volunteers.  

If the committee decides to accept the case, the applicant will then be placed on a waiting list while we begin the process of trying to match the case with an available volunteer attorney. This process typically takes between 30 and 90 days. 

Once a person is accepted for service, they MUST: 

  1. Keep the Project informed of any changes in contact information;
  2. Notify the Project immediately of any changes in household income;
  3. While on the waiting list, inform the Project of any developments in your case and provide us with copies of any documents received from the court or opposing party;
  4. Be prompt and prepared for all meetings with the volunteer attorney; and
  5. Be prepared to pay any costs associated with your case (You will not be charged attorney’s fees, but volunteer attorneys are not necessarily agreeing to pay out of their pockets for costs in your case. 

For more information, please contact the Legal Aid Center of Southern Nevada @ 702-386-1070.

By Tanika Capers, Esq.