Interviewing and Selecting Job Candidates: Nevada

Federal law and guidance on this subject should be reviewed together with this section.

Author: Dora V. Lane, Holland & Hart LLP

Summary

• Under Nevada law, an employer may not engage in discriminatory hiring practices based upon any protected characteristic, which includes race, sex, sexual orientation, gender identity or expression, age, disability or the need to use a service animal at work. See Nevada Fair Employment Practices Act.
• Employers should avoid asking questions on applications or during interviews which violate federal law or non-work-related questions that violate Nevada discrimination laws. See Preemployment Inquiries.
• The Nevada Equal Rights Commission discourages questioning applicants about arrests that did not result in conviction. See Arrest and Conviction Inquiries.
• Nevada employers may not record phone interviews without the consent of the applicant, but can record "in-person" interviews and conversations with one-party consent. See Recording Interviews.
• Employers may not interfere with employee rights to use lawful products while off duty, and therefore should use caution in asking about certain conduct, such as tobacco use, during the hiring process. See Off Duty Conduct.
• Officers of the state, its political subdivisions and the Nevada System of Higher Education may not employ relatives subject to certain exceptions. See Anti-Nepotism Law.
• Employers are protected from potential liability as long as they provide job references, "in good faith," to prospective employers. See References.