Nevada Code § 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
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Except as otherwise
specifically provided by law:
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 persons blood, urine, hair or saliva to detect the
general presence of a controlled substance or any other drug.

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