Nevada Protection for Lawful Off-Duty Product Use

Overview

An employer may not refuse to hire, discharge, or otherwise discriminate against a person because the person lawfully uses a product off the employer’s premises during nonworking hours, if that use does not adversely affect job performance or the safety of other employees.

Remedies

An affected employee or applicant may sue for lost wages and benefits, reinstatement or an offer of employment, and damages equal to lost wages and benefits. The court awards reasonable costs and attorney’s fees to the prevailing party. This statute’s remedy is exclusive for claims brought under it.

Practical Steps

• Distinguish lawful off-duty conduct from on-duty impairment or safety violations.
• Preserve termination notices and any policy cited by the employer.
• Evaluate overlapping marijuana-screening limits under NRS 613.132 for applicants.

Key Statutes

NRS 613.333; NRS 613.132.

Related Guides

• Nevada NRS Chapter 613 employment rights
• Workplace discrimination
• Wrongful termination
• Retaliation

This guide is for general informational purposes and is not legal advice. Nevada employment statutes and regulations change, and the correct procedure and deadlines depend on the facts of each matter. Contact an attorney for advice about your situation.