Except as otherwise specifically provided by law:
1. It is unlawful for any employer in this State to fail or refuse to hire a prospective employee because the prospective employee submitted to a screening test and the results of the screening test indicate the presence of marijuana.
2. The provisions of subsection 1 do not apply if the prospective employee is applying for a position:
(a) As a firefighter, as defined in NRS 450B.071;
(b) As an emergency medical technician, as defined in NRS 450B.065;
(c) That requires an employee to operate a motor vehicle and for which federal or state law requires the employee to submit to screening tests; or
(d) That, in the determination of the employer, could adversely affect the safety of others.
3. If an employer requires an employee to submit to a screening test within the first 30 days of employment, the employee shall have the right to submit to an additional screening test, at his or her own expense, to rebut the results of the initial screening test. The employer shall accept and give appropriate consideration to the results of such a screening test.
4. The provisions of this section do not apply:
(a) To the extent that they are inconsistent or otherwise in conflict with the provisions of an employment contract or collective bargaining agreement.
(b) To the extent that they are inconsistent or otherwise in conflict with the provisions of federal law.
(c) To a position of employment funded by a federal grant.
5. As used in this section, "screening test" means a test of a person’s blood, urine, hair or saliva to detect the general presence of a controlled substance or any other drug.
(Added to NRS by 2019, 2625)
Structure Nevada Revised Statutes
Chapter 613 - Employment Practices
NRS 613.020 - Fraudulent representations by employment agent or broker: Penalty.
NRS 613.040 - Rule or regulation preventing political activity unlawful.
NRS 613.050 - Penalty; duty of Attorney General.
NRS 613.060 - Responsibility for acts of managers, officers, agents and employees.
NRS 613.070 - Recovery of damages by employee.
NRS 613.080 - Involuntary servitude prohibited; wages; penalty.
NRS 613.100 - Endangering life or property by breaking employment contract: Penalty.
NRS 613.110 - Grafting by employee: Penalty.
NRS 613.160 - Spotters: Right of employee to be confronted with accuser; penalty.
NRS 613.170 - Time checks: Discounts and deductions unlawful.
NRS 613.180 - Hospital fees: Unlawful collection from employee.
NRS 613.190 - Corrupt influencing of employee unlawful.
NRS 613.220 - Assembling and cooperation of employees to secure increases in wages unrestricted.
NRS 613.230 - "Labor organization" defined.
NRS 613.260 - Certain contracts declared illegal and void.
NRS 613.290 - Liability for damages.
NRS 613.300 - Injunctive relief.
NRS 613.350 - Lawful employment practices.
NRS 613.370 - National security.
NRS 613.385 - Preferential treatment in hiring veteran or spouse of veteran permitted.
NRS 613.390 - Inapplicability to employment by certain businesses on or near Indian reservation.
NRS 613.430 - Limitation on actions.
NRS 613.432 - Unlawful employment practices: Relief.
NRS 613.435 - Expedited appeal for certain actions.
NRS 613.4362 - "Reasonable accommodation" defined.
NRS 613.4365 - "Related medical condition" defined.
NRS 613.4368 - Legislative findings and declaration.
NRS 613.4374 - Employer must prove undue hardship for refusal to provide reasonable accommodation.
NRS 613.450 - Provisions inapplicable to State and its political subdivisions.
NRS 613.460 - Adoption of regulations; notice of statutory provisions.
NRS 613.470 - Waiver of rights and procedures void; exception.
NRS 613.480 - Unlawful acts of employer.
NRS 613.490 - Liability of employer to employee; attorney’s fees and costs.
NRS 613.500 - Administrative penalties; penalties are cumulative; injunctive relief.
NRS 613.510 - Exemptions from provisions.
NRS 613.530 - "Consumer credit report" defined.
NRS 613.540 - "Consumer reporting agency" defined.
NRS 613.550 - "Credit information" defined.
NRS 613.560 - "Employer" defined.
NRS 613.600 - Administrative penalties, penalties are cumulative; injunctive relief.
NRS 613.620 - Legislative declaration; wages and benefits not limited; regulations.
NRS 613.710 - "Call center" defined.