1. If a female employee or applicant for employment makes a prima facie showing that the employee or applicant requested a reasonable accommodation for a condition of the employee or applicant relating to pregnancy, childbirth or a related medical condition and the employer refused to provide or attempt to provide the reasonable accommodation, the burden of proof shifts to the employer to demonstrate that providing such an accommodation would impose an undue hardship on the business of the employer.
2. To prove such an undue hardship, the employer must demonstrate that the accommodation is significantly difficult to provide or expensive considering, without limitation:
(a) The nature and cost of the accommodation;
(b) The overall financial resources of the employer;
(c) The overall size of the business of the employer with respect to the number of employees and the number, type and location of the available facilities; and
(d) The effect of the accommodation on the expenses and resources of the employer or the effect of the accommodation on the operations of the employer.
3. Evidence that the employer provides or would be required to provide a similar accommodation to a similarly situated employee or applicant for employment creates a rebuttable presumption that the accommodation does not impose an undue hardship on the employer.
(Added to NRS by 2017, 1784)
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.