394.1795 - Employer prohibited from threatening or taking retaliatory action against parent for parent’s participation in certain school conferences and school-related activities; penalty; authorizati
394.1795 Employer prohibited from threatening or taking retaliatory action against parent for parent’s participation in certain school conferences and school-related activities; penalty; authorization for parent to file claim with Labor Commissioner.
1. It is unlawful for an employer or an agent of the employer to:
(a) Terminate the employment of, or to demote, suspend or otherwise discriminate against, a person who, as the parent, guardian or custodian of a child:
(1) Appears at a conference requested by an administrator of the private school attended by the child;
(2) Is notified during his or her work by a school employee of an emergency regarding the child; or
(3) Takes leave pursuant to NRS 394.179 if the employer is subject to the requirements of that section; or
(b) Assert to the person that his or her appearance or prospective appearance at such a conference, the receipt of such a notification during his or her work or leave taken pursuant to NRS 394.179 will result in the termination of his or her employment or a demotion, suspension or other discrimination in the terms and conditions of the person’s employment.
2. Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.
3. A person who is discharged from employment or who is demoted, suspended or otherwise discriminated against in violation of subsection 1 may file a claim or complaint with the Labor Commissioner. The employer shall provide the person who is discharged from employment or who is demoted, suspended or otherwise discriminated against with all the forms necessary to request such a claim or complaint. If the Labor Commissioner determines that the claim or complaint is valid and enforceable, the Labor Commissioner shall provide notice and an opportunity for a hearing pursuant to NRS 607.205 to 607.215, inclusive.
4. If the Labor Commissioner issues a written decision in favor of the employee, the Labor Commissioner may award in addition to any remedies and penalties set forth in chapters 607 and 608 of NRS:
(a) Wages and benefits lost as a result of the violation;
(b) An order of reinstatement without loss of position, seniority or benefits; and
(c) Damages equal to the amount of the lost wages and benefits.
(Added to NRS by 2009, 1249)