Do I Need an Employment Discrimination Lawyer in Nevada? When to Hire

TL;DR: Nevada law protects workers from discrimination based on race, sex, disability, sexual orientation, and more under NRS 613.330. You generally have 300 days from the discriminatory act to file with the Nevada Equal Rights Commission (NERC) or the EEOC — and only 90 days to sue after receiving a right-to-sue notice. If your employer has at least 15 employees and you've faced unfair treatment tied to a protected characteristic, speaking with a lawyer early can protect your rights. Talk to us to get matched with a vetted Nevada employment discrimination attorney in under a minute.

Nevada's primary anti-discrimination statute is NRS 613.330, which prohibits employers from discriminating against workers or job applicants based on race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, or national origin. It also bars employers from retaliating against employees who discuss wages. Nevada's protections go beyond many states by explicitly including sexual orientation and gender identity in the covered classes.

The Nevada Equal Rights Commission (NERC) is the state agency that enforces NRS 613.330 and investigates employment discrimination complaints. NERC works alongside the federal EEOC through a worksharing agreement, meaning a complaint filed with one agency is typically cross-filed with the other automatically.

Most protections under NRS 613.330 apply to employers with 15 or more employees. If your employer is smaller, some federal protections may still apply depending on the type of claim. An attorney can help you figure out whether your employer is covered.

Timing is critical in employment discrimination cases. Missing a deadline can permanently bar you from recovering anything, no matter how strong your claim is.

• File with NERC or EEOC: You must file a charge within 300 days of the discriminatory act under both Nevada state law (NRS Chapter 233) and federal law. Nevada has a worksharing agreement with the EEOC, so the 300-day window applies to both agencies.
• File a lawsuit after a right-to-sue notice: Once NERC or the EEOC issues a right-to-sue letter, you have only 90 days to file a lawsuit in court. Missing this window means your case is dismissed.
• Don't wait until the deadline: Some related claims have shorter deadlines. Filing as soon as possible preserves more options.

Because the administrative process through NERC or the EEOC can take several months on average, starting the process early — ideally with legal guidance — gives your claim the best foundation.

You can file a charge with NERC or the EEOC on your own. But certain situations make having an attorney essential, not just helpful.

1. Your employer has denied, demoted, or fired you and cited a reason that doesn't add up, especially close in time to a complaint or a disclosure about your protected status.
2. You've received a right-to-sue letter. You now have 90 days to file in court — a tight window that requires immediate legal action.
3. Your employer has launched an internal investigation, asked you to sign a severance agreement, or their HR team has contacted you.
4. You're experiencing ongoing harassment tied to your race, sex, age, disability, or another protected characteristic that is severe or pervasive enough to affect your ability to work.
5. You aren't sure whether your employer is covered by the law, what protected class applies, or how to document your claim.

The claims process is complicated, and many valid claims are dismissed because employees miss steps or deadlines. Get matched in under a minute with a Nevada employment discrimination attorney who can assess your situation before the clock runs out.

If your claim succeeds, Nevada law provides meaningful remedies. Under NRS 613.432, a court can award you the same relief available under Title VII of the Civil Rights Act, which includes:

• Back pay: Lost wages, overtime, vacation, sick leave, pension benefits, and health insurance you would have received had the discrimination not occurred.
• Compensatory damages: Covering future financial losses, emotional pain and suffering, mental anguish, and loss of enjoyment of life.
• Punitive damages: Available when an employer acted maliciously or with reckless disregard for your rights.
• Reinstatement: If you were wrongfully terminated, a court may order your employer to rehire you.
• Attorney's fees and costs: Prevailing employees may recover legal fees, which is why many employment lawyers take these cases on contingency.

Before you can sue your employer in court, you must first go through the administrative complaint process. Here is the basic path:

1. File a charge with NERC or the EEOC within 300 days of the discriminatory act. You can file online, by phone, by mail, or in person at a NERC office in Las Vegas or Reno.
2. Investigation and mediation. NERC or the EEOC investigates your charge and typically attempts to resolve it through mediation. The EEOC takes roughly six months on average to investigate; mediation can resolve cases faster, often within three months.
3. Right-to-sue notice. If the agency does not resolve the case in your favor, it issues a right-to-sue letter. You then have 90 days to file a lawsuit in state or federal court.

Nevada and the EEOC have a worksharing agreement, so filing with one agency automatically cross-files with the other in most cases. You do not need to file twice.

Yes. You do not need an attorney to file a charge with NERC or the EEOC — filing is free and can be done online, by phone, or in person. However, once you receive a right-to-sue letter and move toward litigation, the process becomes significantly more complex. An attorney greatly improves your chances of building a strong record and meeting all court deadlines.

Nevada's NRS 613.330 generally covers employers with 15 or more employees. If your employer is smaller, some federal laws may still apply depending on the type of discrimination. For example, the Equal Pay Act has no minimum employee count. An employment attorney can review your specific situation and identify any viable claims.

Both agencies enforce anti-discrimination laws and have a worksharing agreement, so filing with one typically covers both. NERC enforces Nevada state law (NRS Chapter 613), while the EEOC enforces federal laws like Title VII and the ADEA. In practice, you only need to file once and indicate that you want the charge cross-filed with the other agency.

Most Nevada employment discrimination attorneys work on contingency, meaning you pay nothing unless you win. Attorney's fees may also be recoverable from your employer if you prevail. Always confirm the fee arrangement before signing a retainer agreement, and ask specifically about out-of-pocket costs during the administrative phase.

Under NRS 613.340, it is unlawful for an employer to retaliate against you for opposing a discriminatory practice, filing a complaint, or participating in an investigation. Retaliation can include termination, demotion, a pay cut, schedule changes, or a hostile work environment that follows your complaint. If you experience any adverse action after reporting discrimination, document it immediately and consult an attorney.

Workplace discrimination is serious, and Nevada law gives you real tools to fight back. But deadlines are strict — you generally have 300 days to file your charge and only 90 days to sue after your right-to-sue letter arrives. Don't navigate this alone. At DearLegal, we match workers statewide with vetted Nevada employment discrimination attorneys at no cost to you. Start your case today and get connected with a lawyer who can protect your rights before the clock runs out.

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