Disability Accommodations Policy
(with Acknowledgment) (NV)

Summary

This template is a disability accommodations policy for use by employers in Nevada. This template includes practical guidance and drafting notes. In addition to the Americans with Disabilities Act, the state of Nevada has several statutes which protect certain classes of employees and require employers to make reasonable accommodations. The Nevada Pregnant Workers' Fairness Act (PWFA), 2017 Nev. SB 253, requires certain employers to provide reasonable accommodations to female employees and applicants for employment for a condition of the employee or applicant relating to pregnancy, childbirth, or a related medical condition. 2017 Nev. SB 253. Nevada's laws protecting victims of domestic violence or sexual assault also requires covered employers to make certain precautions. Nev. Rev. Stat. Ann. § 613.222. Once a qualified individual with a disability requests a reasonable accommodation, or once an employer is aware of the need for an accommodation, you should start an interactive process to evaluate possible accommodations. See McNamee v. Freeman Decorating Servs., 2012 U.S. Dist. LEXIS 47377 (D. Nev. Apr. 4, 2012); Reza v. IGT, 2008 U.S. Dist. LEXIS 112244 (D. Nev. May 12, 2008); 42 U.S.C. 12101 et seq.; Nev. Rev. Stat. Ann. § 613.330. The accommodations made under this policy, may have other ramifications for employers. For example, employers are obligated to provide leave to female employees for medical conditions related to pregnancy and childbirth if they provide leave (without loss of seniority) to employee for sickness or disability due to a medical condition. See Nev. Rev. Stat. Ann. § 613.4383. This template is intended for private employers and covers key topics for disability accommodations including notice and other employer obligations. Employers may include this policy in an employee handbook or distribute it as a standalone policy. The language has been customized to comply with Nevada and federal law. As a result, the text of this template differs from the non-jurisdictional Disability Accommodations Policy (with Acknowledgment). For a non-jurisdictional employee handbook, see Employee Handbook. For a full listing of key content covering employee handbook considerations, see Employee Handbook Resource Kit. For information on reasonable accommodations, see Disability and Reasonable Accommodation Policies: Key Drafting Tips, Americans with Disabilities Act: Guidance for Employers, and Accommodating a Disability under the Americans with Disabilities Act Checklist. For templates related to the reasonable accommodation of disabilities, see Disability and Reasonable Accommodation Policy, Disability Accommodation Request (ADA), and Disability Accommodation Request Resolution (ADA). For information on Nevada laws concerning disability protections, see Discrimination, Harassment, and Retaliation (NV), and the Nevada row of the Discrimination, Harassment, and Retaliation State Practice Notes Chart. For other state-specific disability accommodation policy templates, see the Attendance Policy and Disability Accommodation column of the Attendance, Leaves, and Disabilities State Expert Forms Chart.