Nevada

Background check laws in NV:

Nevada Senate Bill 409 - Removal of certain prohibitions on informaton contained in consumer reports.

Bankruptcies - Consumer reporting agencies may disclose to gaming licensees information about bankruptcies older than 10 years

• Gaming licensees may obtain this information on people seeking employment with the licensee or employment in a position connected directly with the licensee’s operations.

Criminal records - Consumer reporting agencies may disclose criminal convictions older than 7 years.

However, a plaintiff could arguably claim the FCRA preempts this provision because it contains no gaming exception to the prohibitions on disclosing bankruptcies older than 10 years.

In other words:

Based on this provision, a consumer reporting agency may report records of criminal convictions older than 7 years.

Except as otherwise provided in NRS 613.580, it is unlawful for any employer in this State to:

1. Directly or indirectly, require, request, suggest or cause any employee or prospective employee to submit a consumer credit report or other credit information as a condition of employment;
2. Use, accept, refer to or inquire concerning a consumer credit report or other credit information;
3. Discharge, discipline, discriminate against in any manner or deny employment or promotion to, or threaten to take any such action against any employee or prospective employee:
   • (a) Who refuses, declines or fails to submit a consumer credit report or other credit information; or
   • (b) On the basis of the results of a consumer credit report or other credit information; or
4. Discharge, discipline, discriminate against in any manner or deny employment or promotion to, or threaten to take any such action against any employee or prospective employee who has:
   • (a) Filed any complaint or instituted or caused to be instituted any legal proceeding pursuant to NRS 613.520 to 613.600, inclusive;
   • (b) Testified or may testify in any legal proceeding instituted pursuant to NRS 613.520 to 613.600, inclusive; or
   • (c) Exercised his or her rights, or has exercised on behalf of another person the rights afforded to him or her pursuant to NRS 613.520 to613.600, inclusive.

Employers in Nevada cannot take adverse action against an applicant – that’s to say, a decision that is unfavorable to the applicant – who does not consent to a credit report as a condition of employment. However, an employer can request and consider an applicant’s credit report if: the employer is required or authorized by state or federal law; (2) the employer has a good faith belief that the applicant has engaged in illegal activity; or (3) the employer believes that the credit report is significantly related to the position in question (e.g., certain positions in banking, law enforcement, or gaming)

An employer may request or consider a consumer credit report or other credit information for the purpose of evaluating an employee or prospective employee for employment, promotion, reassignment or retention as an employee if:

1. The employer is required or authorized, pursuant to state or federal law, to use a consumer credit report or other credit information for that purpose;
2. The employer reasonably believes that the employee or prospective employee has engaged in specific activity which may constitute a violation of state or federal law; or
3. The information contained in the consumer credit report or other credit information is reasonably related to the position for which the employee or prospective employee is being evaluated for employment, promotion, reassignment or retention as an employee. The information in the consumer credit report or other credit information shall be deemed reasonably related to such an evaluation if the duties of the position involve:
   • (a) The care, custody and handling of, or responsibility for, money, financial accounts, corporate credit or debit cards, or other assets;
   • (b) Access to trade secrets or other proprietary or confidential information;
   • (c) Managerial or supervisory responsibility;
   • (d) The direct exercise of law enforcement authority as an employee of a state or local law enforcement agency;
   • (e) The care, custody and handling of, or responsibility for, the personal information of another person;
   • (f) Access to the personal financial information of another person;
   • (g) Employment with a financial institution that is chartered under state or federal law, including a subsidiary or affiliate of such a financial institution; or
   • (h) Employment with a licensed gaming establishment, as defined in NRS 463.0169.