Employment Matters

Frequently Asked Questions

  • What should I do if I feel that I am being subject to harassment at work?

    If you feel that you are being subjected to harassment in the workplace, you need to immediately report it to a supervisor or the company’s human resources department.  The employer must be given the opportunity to correct the harassing behavior and if they fail to do so, then you consult an attorney who can guide you through the process, including how to file a claim with the EEOC or NERC.

    It is crucial that you gather and save all evidence of the discrimination and/or harassing behavior and make sure all communications with management and/or human resources are in writing.

  • Can my employer retaliate against me for making a complaint or harassment or discrimination?

    No.  Employees in Nevada are protected by both state and federal anti-retaliation statutes, which preclude employers from taking any adverse employment action against an employee for reporting harassment or discrimination under Title VII and other federal employment laws.

  • What evidence do I need to prove my claim?

    In employment discrimination cases, the best form of evidence are independent sources of evidence, such as emails, text messages, and witness statements.  Once a claim is made, an employer will generally place the blame and focus on the employee making the claim, turning the case into a “he said/she said” case.  Emails, text messages and independent witness statements are the best forms of evidence because they are difficult for an employer to attack from a credibility standpoint.

  • What is an at-will employee?

    An at-will employee means that your employer can terminate your employment at any time and for any reason, with or without notice.  The reason for termination, however, cannot be based on a violation of Title VII (race, national origin, sex, gender or religion), whistleblower statutes, or if there is an employment contract that governs the terms of the employment.

  • My supervisor and I do not get along. He yells at me and uses profanities when speaking with me. Do I have a case for harassment?

    It depends.  The simple fact that your supervisor is mean and uses profanities does not give rise to a claim under Title VII.  Unless you are being targeted or harassed because you are a member of a protected class and other similarly situated employees who are not members of the protected class are treated differently, then a supervisor who rude or mean generally does not give rise to a claim.  However, if you believe your supervisor’s actions towards you are based upon your race, religion, sex or gender, then report the conduct to HR or management.