For quid pro quo harassment by a supervisor conditioning job benefits or threatening adverse action in exchange for sexual conduct Nevada and federal law impose strict (automatic) liability on the employer, regardless of whether you knew about it. For supervisor-created hostile work environment harassment, employer liability is presumed but can potentially be reduced or avoided through the Faragher-Ellerth affirmative defense, which requires proof that: (1) the employer exercised reasonable care to prevent and correct harassment (including a genuine anti-harassment policy and training program), and (2) the employee unreasonably failed to use the employer's complaint procedures. Building and maintaining this defense is one of the most important things we do for employer clients.

Yes, significantly. For coworker harassment, the employer is only liable if it knew or should have known about the harassment and failed to take prompt, appropriate corrective action. This means an employer that receives a complaint, investigates promptly, and takes meaningful corrective action has a strong defense even if the underlying harassment occurred. The key is your response to the complaint, not just the initial conduct. This is why complaint investigation protocols are so critical.

Contact an employment attorney immediately. The NERC response deadline is typically 30 days from receipt of the charge notice. Do not contact the charging party directly. Secure the personnel file and all relevant documentation immediately. Your position statement the written response to the charge is your first and most important opportunity to present your side of the story, and it should be prepared by experienced Nevada employment counsel. Our firm achieves an 85% no-cause rate for employer clients in NERC proceedings.

No not for sexual harassment or sexual assault claims. The federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFASASHA), effective March 2022, invalidates pre-dispute arbitration agreements for sexual harassment claims regardless of when the agreement was signed. Employees may bring these claims in court even if they signed an arbitration clause. We recommend auditing your employment agreements and handbooks to ensure they do not misrepresent the scope of your arbitration provisions.

Under Nevada Senate Bill 255, employers with 15 or more employees must provide interactive sexual harassment training to supervisors and managers within 6 months of hire and at least every 2 years thereafter. Training records must be maintained for a minimum of 2 years. This training requirement is not just a legal obligation it is a critical component of your Faragher-Ellerth affirmative defense in the event a claim is filed.

A thorough, well-documented investigation that reaches a supportable no-cause finding is one of your strongest defenses in subsequent litigation. However, the quality of the investigation matters enormously. Courts and juries examine whether the investigation was prompt, whether the investigator was neutral, whether all relevant witnesses were interviewed, whether the complainant was kept informed, and whether the employer's conclusion was supported by the evidence gathered. A poorly conducted investigation even one reaching a correct conclusion can undermine your defense. We advise HR teams on investigation best practices and conduct independent investigations when internal conflict of interest requires outside counsel.