As we advised earlier this month, Governor Sisolak signed an Executive Order shortly after taking the oath of office creating the Governor’s Task Force on Sexual Harassment and Discrimination Policy. The eleven member task force is charged with reviewing sexual harassment policies and procedures from state agencies and reporting on its findings.

It is clear that combating sexual harassment and discrimination is a priority for Governor Sisolak — both in government and private industry.

Shortly after creating the task force, Governor Sisolak issued another Executive Order directing the Nevada Department of Taxation and the Nevada Gaming Control Board to request and collect sexual harassment and discrimination policies and procedures from their respective license, permit, or certificate holders. The Nevada Department of Taxation is the authorized state regulatory agency for all marijuana establishments. The Nevada Gaming Control Board (along with the Nevada Gaming Commission) is the regulatory body overseeing the gaming industry in Nevada.

The Executive Order directs the Department of Taxation and the Gaming Control Board, after collecting and reviewing the sexual harassment and discrimination policies, to provide reports of their findings to the Office of the Governor and the Nevada Attorney General. They have until May 1, 2019 to provide these reports as outlined in the Executive Order.

The Department of Taxation and Gaming Control Board will work with those persons or entities submitting policies pursuant to the Executive Order to protect the confidentiality of any identifiable individual, especially the identity of any alleged victim. However, it is the intent of the Executive Order that the reports created by the regulatory bodies and possibly documents submitted would be public records under NRS 239.

What To Expect If You Are In The Gaming Industry or Operate a Marijuana Establishment

It is unclear how the Department of Taxation or Gaming Control Board will carry out the requirements of the Governor’s Executive Order. However, individuals or entities granted any approval or license under NRS 463 or NRS 464 of the Gaming Control Act will likely be contacted by the Nevada Gaming Control Board in the coming months to request their sexual harassment and discrimination policies and/or procedures. Marijuana establishments governed by NRS 453D should expect to be contacted by the Nevada Department of Taxation requesting their sexual harassment and discrimination policies and/or procedures.

Nevada Association of Employers (NAE) will review sexual harassment and discrimination policies for our members, whether the member is in an industry subject to this Executive Order or not. Contact NAE at (775) 329-4241 or if you are a member interested in having your policies reviewed.

NAE will continue to follow the latest developments at the state capital to keep members up-to-date on matters that affect Nevada business. We monitor legislative process and regulatory decisions so you don’t have to. Nevada businesses trust that they are getting the latest information on their rights and obligations as employers from NAE because it’s what we do.