Nevada Revised Statutes 613.132 – Unlawful act of employer for failing or refusing to hire prospective employee based on screening test which indicates presence of marijuana; exceptions; additional screening test to rebut results of initial test
Except as otherwise specifically provided by law:
Terms Used In Nevada Revised Statutes 613.132
- Contract: A legal written agreement that becomes binding when signed.
- controlled substance: means a drug, immediate precursor or other substance which is listed in schedule I, II, III, IV or V for control by the State Board of Pharmacy pursuant to NRS 453. See Nevada Revised Statutes 0.031
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
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.