The Nevada legislature passed two senate bills that impact our employment procedures. Please read the following information to understand the new requirements we must follow according to Senate Bill 293 and Senate Bill 327.
Senate Bill 293 - Compensation Disclosures
The bill restricts when employers and employment agencies may request and use an applicant or employee’s wage or salary history, and requires that employers disclose the wage range or rate of pay for open positions.
Wage and Salary History
Wage or salary history refers to the wages or salary paid to an applicant for employment by their current or former employer. It includes, without limitation, compensation and benefits.
Under the law, employers may not:
- Seek applicants’ wage or salary history
- Use applicants’ wage or salary history to determine whether to hire them or determine their rate of pay
- Discriminate or retaliate (e.g., refuse to interview, hire, promote, or employ) against applicants for refusing to provide their wage or salary history.
Employers may ask applicants about their compensation expectations.
Salary Range / Rate of Pay
The law also requires that employers disclose the wage or salary range or rate of pay for a position to applicants for employment who have interviewed for the position.
This bill applies to all employee types where interviews are conducted including: academic faculty, administrative faculty, postdocs, classified, temporary hourly, letter of appointment, including part-time instructors, student workers, and graduate assistants.
Dissemination of salary information to interviewed candidates should be done by the hiring official (hiring manager/director/dean) or other designated staff. Consult with your dean, director, HR liaison, or HR business partner for guidance.
An internal candidate is defined as an employee who is paid by an institution within the Nevada System of Higher Education. Employers must disclose the wage or salary range or rate of pay for a position to existing employees seeking promotion or transfer to that position if the employee has:
- Applied for promotion or transfer to the position; and
- Completed an interview for or has been offered the promotion or transfer; and
- Requested the wage or salary range or rate of pay for the position.
Non-compliance can result in monetary penalties for the university. To maintain a fair and equitable recruitment process, departments should proactively provide internal candidates with the wage, salary range or rate regardless of whether it is requested.
Senate Bill 327 - Race Discrimination
Existing law prohibits employers from discriminating on the basis of race. Now, Senate Bill 327 defines race in NRS 613.310 to mean “traits associated with race, including, without limitation, hair texture and protective hairstyles. “Protective hairstyles” includes, “without limitation, hairstyles such as natural hairstyles, afros, bantu knots, curls, braids, locks and twists.”
Updates to Current Job Postings and Vacancy Announcement Templates
In the coming weeks, all current job postings in Workday will be updated to include this additional protection under the EEO/AA statement.