Preemployment Screening and Testing: Nevada

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

Author: Dora V. Lane, Holland & Hart LLP

Summary

• Employers should carefully check an applicant's employment history, criminal history and references to avoid potential negligent hiring lawsuits, while still respecting the applicant's privacy rights. See Negligent Hiring; Background Checks.
• Nevada has no specific restrictions on an employer's right to ask applicants about arrests and convictions, but employers should use caution because such questions may have an adverse impact on minorities. See Arrests and Convictions.
• A new state law places significant restrictions on employers that wish to conduct credit checks on job applicants or employees. See Credit Checks.
• Employers may conduct post-hire, preemployment drug and alcohol tests on applicants. See Drug and Alcohol Tests.
• Generally, employers are prohibited from requiring, or even suggesting, that applicants or employees take a polygraph test, subject to certain exceptions. See Polygraph Tests.
• Employers are prohibited from asking, encouraging or requiring a prospective or current employee to submit to genetic tests as a condition of employment. See Genetic Testing.
• In Nevada, employers may obtain personal information (except a photograph) about a job applicant or employee in order to verify information provided by the applicant or employee. See Other Personal Information.
• Employers may require an applicant or employee to furnish fingerprints in certain circumstances. See Fingerprints.
• Under state law, administrative penalties and payment of other civil relief may be imposed on employers that fail to comply with state law regarding the lawful hiring of employees. See Immigration Verification.