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Nevada Background Check Laws

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Nevada Drug Screen Compliance

Nevada Employment Screening laws

Employers that are either located in Nevada or hiring Nevada residents must abide by the Federal FCRA, and applicable Nevada state employment laws.

This page was created to provide a simple explanation of what an end-user of a background screening report (also known as consumer report) can use in order to be in compliance with Nevada state laws. This page also contains steps an end-user must take to stay in compliance with Nevada state laws.

Please keep in mind that the EEOC must always be taken into consideration when a hiring decision is to be made. The EEOC has provided guidance on how employers can use criminal records during the hiring process. This regulation was issued on April 25, 2012. The EEOC requires employers to individually review each applicant or employee that may be disqualified due to a criminal record. This also follows the regulations set forth by the Americans with Disabilities Act (ADA). Additionally, the EEOC wants to undertake an adverse action process similar to that of the FCRA. They want to add a pre-adverse action process of their own. Although employers already have an adverse action process that is specific to information contained in consumer reports, the EEOC's adverse action process may be different.

The information that is provided on this page does not discuss requirements under the EEOC nor does it explain how to use criminal records that fall under the regulation of the EEOC. It is suggested that compliance with the EEOC be discussed with legal counsel.

For more detailed information on Nevada state laws, please consult your legal counsel.

Background Check Law Ban the Box Law Court Fee Summary of Rights

Employment Background Check Laws In Nevada:

Nevada Revised Statutes, Title 53 Chapter 613.570: Unlawful acts of employer relating to consumer credit report or other credit information of employee or prospective employee.

Except as otherwise provided in NRS 613.580, it is unlawful for any employer in this State to:
1.  Directly or indirectly, require, request, suggest or cause any employee or prospective employee to submit a consumer credit report or other credit information as a condition of employment;
2.  Use, accept, refer to or inquire concerning a consumer credit report or other credit information;
3.  Discharge, discipline, discriminate against in any manner or deny employment or promotion to, or threaten to take any such action against any employee or prospective employee:
(a) Who refuses, declines or fails to submit a consumer credit report or other credit information; or
(b) On the basis of the results of a consumer credit report or other credit information; or
4.  Discharge, discipline, discriminate against in any manner or deny employment or promotion to, or threaten to take any such action against any employee or prospective employee who has:
(a) Filed any complaint or instituted or caused to be instituted any legal proceeding pursuant to NRS 613.520 to 613.600, inclusive;
(b) Testified or may testify in any legal proceeding instituted pursuant to NRS 613.520 to 613.600, inclusive; or
(c) Exercised his or her rights, or has exercised on behalf of another person the rights afforded to him or her pursuant to NRS 613.520 to 613.600, inclusive.

Ninja's summary

An employer can only obtain a credit report on a potential candidate after they have issued that applicant a conditional offer of employment. Additionally, an employer may NOT obtain or use an applicant’s credit report or credit history in making a hiring decision unless there is a substantial relationship between the credit history and the position’s duties and qualifications.

An employer obtaining a credit report must provide to the applicant a notice that a credit report will be obtained.

Certain exceptions allow an employer to obtain a credit report after a conditional offer of employment is made. Some exceptions include:

  • State or Federal Law authorizes the employer to obtain a credit report; or
  • The position is for a federally insured financial institution; or
  • The position is for executive and management personnel or officers with a fiduciary relationship to the employer.

The offer of employment may be revoked upon review of the credit report only if there is a substantial relationship between credit history and the position’s duties and qualifications.

Nevada Revised Statutes 179B.270: Restrictions on use of information.

Chapter 179B Statewide Registry of Sex Offenders and Offenders Convicted of a Crime Against a Child.

NRS 179B.270 Restrictions on use of information.

Except as otherwise authorized pursuant to specific statute, a person shall not use information obtained from the community notification website for any purpose related to any of the following:

1. Insurance, including health insurance.

2. Loans.

3. Credit.

4. Employment.

5. Education, scholarships or fellowships.

6. Housing or accommodations.

7. Benefits, privileges or services provided by any business establishment.

Ninja's summary

Employers are prohibited from the using the information found on the Nevada Department of Safety’s community notification sexual offender website for any purpose related to employment.

Nevada Revised Statutes 613.135: Unlawful acts of employer relating to social media account of employee or prospective employee.

1. It is unlawful for any employer in this State to:

(a) Directly or indirectly, require, request, suggest or cause any employee or prospective employee to disclose the user name, password or any other information that provides access to his or her personal social media account.

(b) Discharge, discipline, discriminate against in any manner or deny employment or promotion to, or threaten to take any such action against any employee or prospective employee who refuses, declines or fails to disclose the user name, password or any other information that provides access to his or her personal social media account.

2. It is not unlawful for an employer in this State to require an employee to disclose the user name, password or any other information to an account or a service, other than a personal social media account, for the purpose of accessing the employer s own internal computer or information system.

3. Nothing in this section shall be construed to prevent an employer from complying with any state or federal law or regulation or with any rule of a self-regulatory organization, as defined in NRS 90.300.

4. As used in this section, social media account means any electronic service or account or electronic content, including, without limitation, videos, photographs, blogs, video blogs, podcasts, instant and text messages, electronic mail programs or services, online services or Internet website profiles.

Ninja's summary

Employers may not directly or indirectly require an applicant or an employee to disclose their login credentials that provides access to their social media accounts.

Nevada Revised Statutes 179B.270: Statewide Registry of Sex Offenders and Offenders Convicted of a Crime Against a Child. Restrictions on use of information.

Restrictions on use of information. Except as otherwise authorized pursuant to specific statute, a person shall not use information obtained from the community notification website for any purpose related to any of the following:
1. Insurance, including health insurance.
2. Loans.
3. Credit.
4. Employment.
5. Education, scholarships or fellowships.
6. Housing or accommodations.
7. Benefits, privileges or services provided by any business establishment.

Ninja's summary

Employers in Nevada may not use the “community notification website,” also known as the Nevada Sex Offender Website, for employment purposes. This includes background screenings for employment purposes. The information on the website may only be used to protect a person at risk. Exceptions to this prohibition are not clearly defined, so we suggest that clients consult with qualified legal counsel to determine if their purpose for accessing this registry meets any exceptions within the applicable laws.

Update: Feb 2018

Fair Credit Reporting Act (FCRA):

The Fair Credit Reporting Act (FCRA) is a set of federal guidelines that helps regulate hiring practices. The FCRA was created to ensure privacy, accuracy, and fairness of consumer information. The FCRA accomplishes this by having a set standard for collecting, disseminating, and using consumer information.

Employers obtaining consumer reports for background screening purposes must follow specific procedures. For example, employers must disclose to the candidate what the background screening is, what information it includes, and how they intend to use it. They must obtain the written consent of the candidate before obtaining a background screening. They may not misuse the information contained in the background screening. There are also strict procedures an employer must follow should they decide not to hire a potential candidate based on the information in the background screening.

The purpose of the FCRA is to help protect employers, employees, and potential job candidates.

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

No additional “Ban the Box” state or local laws to consider. Please keep in mind that laws are always changing, and we recommend that you seek legal counsel for the most up-to-date legal information.


Update: Feb 2018

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

County: Court Fee:
Carson City $7.00
Churchill $7.00
Clark $7.00
Douglas $7.00
Elko $8.00
Esmeralda $0.00
Eureka $7.00
Humboldt $7.00
Lander $7.00
Lincoln $7.00
Lyon $7.00
Mineral $0.00
Nye $7.00
Pershing $0.00
Storey $7.00
Washoe $0.00
White Pine $7.00

State of Nevada - Consumer Rights Notice

Under the Fair Credit Reporting Act (FCRA), all consumers are entitled to one free annual file disclosure in any twelve month period. You may be charged a reasonable fee, not exceeding nine dollars, for each additional disclosure within any 12-month period. However, there is no fee if (1) you have been notified of an adverse action taken towards you based upon information appearing in your consumer file within the preceding 60 days, (2) you suspect that your file may contain fraud or you have been the victim of identity theft, or (3) you are unemployed or are currently receiving financial assistance.

"Consumer report" means any communication, written or oral, by a reporting agency regarding the payment history of a particular consumer, including information regarding credit worthiness, credit standing, or credit capacity, which is intended for present or future use in whole or in part to serve as a factor in determining the consumer's eligibility for credit or insurance to be used primarily for personal, family or household purposes, purposes relating to employment, or any other purpose authorized pursuant to the Fair Credit Reporting Act. A reporting agency may furnish a consumer report concerning you for an extension of credit which you did not initiate only if the contemplated transaction represents a firm offer of credit to you and you meet specific criteria determined by the user, or you have not requested that your name and address be excluded from any list to be provided for such a purpose.

A person shall not procure a consumer report to resell or disclose the report or the information contained in the report unless the person discloses to the reporting agency which originally furnished the report the identity of the intended ultimate user of the report or information, and the only purposes for which the information will be used. A reporting agency shall not include medical information in its files.

If a person takes adverse action against you based on a consumer report from a reporting agency, the person shall notify you of the action taken; furnish you with the name and address of the reporting agency; and inform you of your right to obtain a copy of the consumer report from the agency.

Upon receiving your request for disclosure, and information sufficient to identify you, a reporting agency shall clearly and accurately disclose to you the nature and substance of information in its files which relates to you at the time of the request, and disclose the names of the institutional sources of information. If you request, the reporting agency shall provide a readable copy of the consumer report, disclose the name of each person who has received from the reporting agency information concerning you within the preceding 2 years for purposes of employment, promotion, reassignment or retention as an employee; or within the preceding 6 months for any other purpose.

A reporting agency shall periodically purge from its files and after purging shall not disclose bankruptcies whose dates of adjudication precede the report by more than 10 years. A report of adjudication must include, if known, the chapter of Title 11 of the United States Code under which the case arose. Except as otherwise provided by a specific statute, any other civil judgment, report of criminal proceedings, or other adverse information which precedes the report by more than 7 years.

You have a right to bring civil action against anyone who willfully or negligently fails to comply with any requirement imposed under the subtitle of Nevada state law outlined above.

Nevada Consumers Have the Right to Obtain a Security Freeze

You have a right to place a security freeze in your file which will prohibit a reporting agency from releasing any information in your file without your express authorization. A security freeze must be requested in writing by certified mail. The security freeze is designed to prevent a reporting agency from releasing your consumer report without your consent. However, you should be aware that using a security freeze to take control over who is allowed access to the personal and financial information in your file may delay, interfere with or prohibit the timely approval of any subsequent request or application you make regarding a new loan, credit, mortgage, insurance, government services or payments, rental housing, employment, investment, license, cellular telephone, utilities, digital signature, Internet credit card transaction or other services, including an extension of credit at point of sale.

When you place a security freeze in your file, you will be provided a personal identification number or password to use if you choose to remove the security freeze from your file or to authorize the temporary release of your consumer report for a specific person or period after the security freeze is in place. To provide that authorization, you must contact the reporting agency and provide all the following:

  1. Sufficient identification to verify your identity.
  2. Your personal identification number or password provided by the reporting agency.
  3. A statement that you choose to remove the security freeze from your file or that you authorize the reporting agency to temporarily release your consumer report. If you authorize the temporary release of
    your consumer report, you must name the person who is to receive your consumer report or the period for which your consumer report must be available.

A reporting agency must remove the security freeze from your file or authorize the temporary release of your consumer report not later than 3 business days after receiving the above information.

A security freeze does not apply to certain persons, including a person, or collection agencies acting on behalf of a person, with whom you have an existing account that requests information in your consumer report for the purposes of reviewing or collecting the account.

KEY COURT DECISIONS
Court Case Issue Outcome Employer Limitation/ Action

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