“Sexual Harassment” in Nevada – How to Bring a Lawsuit

Workplace sexual harassment is a form of employment discrimination in Nevada. There are typically two kinds of workplace sexual harassment:

1. Quid pro quo sexual harassment: Your harasser is in a senior position, and they condition your employment on complying with sexual acts; or
2. >Hostile work environment: Your harasser subjects you to physical or emotional abuse that threatens your job or makes it difficult to work.

You may be able to file a state or federal claim to recover money damages for:

• pain and suffering (including emotional distress);
• back pay and front pay (loss of past and future earnings);
• medical and therapy bills;
• attorney’s fees and court costs; and/or
• other compensatory damages for out-of-pocket costs related to the claim

If the case proceeds to trial, the court may also order the employer to pay punitive damages, which can be larger than compensatory damages.

You can probably achieve a favorable resolution in your case without litigation by going through your employer’s human resources department or participating in mediation. If you wish to see your harasser criminally charged, you can also file a police report with your local law enforcement agency.

In this article, our Las Vegas Nevada personal injury attorneys will address the following key issues regarding workplace sexual harassment:

• 1. Elements
• 2. How to Sue
• 3. Damages
• 4. Police Reports
• 5. Criminal Liability

1. Elements

You may have a claim of sexual harassment in either of the following two situations:

1. quid pro quo harassment: your reaction to the harassment (submitting to or rejecting it) affects your employment,
2. hostile work environment harassment: the harassment prevents you from being able to perform your job or threatens your employment

Both Title VII of the Civil Rights Act of 1964 and Nevada state law prohibit sexual harassment, which is a type of sex discrimination. Workplace sexual harassment typically comprises unwelcome sexually-charged conduct from one co-worker to another (or job applicant).

Examples include:

• bluntly or subtly requesting sexual favors,
• making a pass or other unwelcome sexual advances,
• making sexual comments, or
• any other verbal or physical conduct of a sexual nature

The “classic” sexual harassment scenario is an older senior male employee preying on a younger female subordinate. However, harassers can be of any age, gender, or staff level. It does not matter whether the harasser and you are the same sex or opposite sex.

Note that you do not have to experience financial losses or termination in order to have a claim for sexual harassment. Also, you are a victim whether you are the person being harassed or someone else adversely affected by the harasser’s wrongful conduct.¹

Note that non-employees who sexually harass an employee are called third-party sexual harassment.

2. How to Sue

If possible, you are advised to report the harassment to your company’s human resources department and go through its grievance or harassment complaint process. However, if HR fails to remedy the offensive work environment or impose disciplinary action to your satisfaction, you may then file a claim with either of the following administrative agencies:

• Nevada Equal Rights Commission (NERC, a state agency), or
• Equal Employment Opportunity Commission (EEOC, a federal agency)

An employment law attorney can help you determine which agency to pursue. The NERC website provides instructions for filing an employment discrimination claim in Nevada. Meanwhile, the EEOC website provides instructions for filing an employment discrimination claim in Nevada.

Note that you typically have 300 days after the harassment to file a claim with the NERC or EEOC, but the time limit may be shorter in some cases. Therefore, you should discuss your case with an attorney as soon as possible to begin the claim process.

Also, note that you should try to preserve as much evidence as you can, such as video recordings or eyewitness accounts. Sexual harassment often causes no visible damage, so any other proof of the harassment may be crucial for winning a claim.

Mediation

The NERC and the EEOC often seek a favorable resolution through mediation. This is when both sides (and their attorneys) attempt to reach a solution without the involvement of judges and with the assistance of a trained mediator.

Mediation is not mandatory. However, it may be worth attempting since it could expedite the settlement process and minimize legal fees. Learn more about NERC mediation services and EEOC mediation services.

Settling the claim

If mediation is unsuccessful — or if you forego mediation — then the administrative agency (NERC or EEOC) will investigate the claim further by gathering evidence. NERC specifically considers the following factors:

• the nature of the sexual advances,
• the context in which the alleged incidents occurred, and
• the severity and pervasiveness of the sexual conduct²

If the agency believes that no harassment happened — or if the parties do not agree to a settlement — the agency will issue you a “right to sue” letter.

Note that if the case settles, you may have to sign papers immunizing the employer from future harassment lawsuits.

Filing a lawsuit

When the NERC or EEOC fails to settle the claim, you may then file a civil lawsuit against your harasser and/or your employer. Common claims in these types of cases include:

• intentional infliction of emotional distress;
• battery; and/or
• defamation

Many of these cases resolve without proceeding to trial. However, if the case reaches trial, you (the plaintiff) would have the burden to prove by a preponderance of the evidence that the defendant was liable.³

3. Damages

If the trial resolves in your favor, you may be able to recover compensatory damages to cover:

1. back pay;
2. front pay;
3. emotional distress and out-of-pocket costs; and/or
4. punitive damages

Note that the court may also order that the defendant reimburse you for reasonable attorney’s fees and costs. If the harassment caused you to suffer job termination, demotion, or lack of advancement, the court can order that you be reinstated.

Back pay

As the term suggests, back pay comprises all wages, tips, bonuses, and benefits you lost due to the harassment. Note that if you did not make a “good faith” effort to find another job and “mitigate” your damages, the court may reduce the back pay damages.

Front pay

As it sounds, front pay — also called “loss of future earnings — is meant to compensate you for the money you are likely to miss out on in the future due to the case. Courts consider various factors, including:

• your age,
• the difficulty of finding a similar job with another company,
• the length of your employment, and
• how long you probably would have stayed with the company but for the harassment

Emotional distress and out-of-pocket costs

Depending on the case, the judge may order the defendant to pay for your:

• emotional distress (pain and suffering),
• reputational harm,
• medical bills (including therapy pills), and/or
• costs of job searches

You should keep bills of all your expenses to prove these damages.⁴

Punitive damages

The court might also award punitive damages to punish the employer for egregious conduct. For instance, if the employer knew of the harassment but did not take any measures to address it, the court may order punitive damages.

Depending on the case, punitive damages can be as much as three times the amount of the compensatory damages.

4. Police Reports

As a victim of sexual harassment, you may also consider filing a police report at your local police or sheriff’s station. However, you are advised to consult with an attorney first to compose the report in a way that does not incriminate you and that conveys the criminality of the harasser.

Learn how to file a police report with the Las Vegas Metropolitan Police Department. Note that the LVMPD calls police reports “incident crime reports” (ICRs). There is no fee for filing an IRC.

Upon receiving the ICR, the LVMPD may investigate the matter and ultimately bring criminal charges against the harasser. Scroll down for common sexual harassment crimes in Nevada.

5. Criminal Liability

Nevada law has no specific “sexual harassment” crime. Instead, Nevada has several laws that prohibit specific behaviors that may constitute sexual harassment. These offenses include the following:

• stalking
• harassment
• assault·
• peering
• coercion
• extortion
• indecent exposure
• open or gross lewdness
• breaching the peace
• hate crimes

Name-calling, telling sexist jokes, and leering are usually not criminal in Nevada unless the behavior is recurrent or coupled with threats.

Predictably, sexual harassment that involves physical touching usually carries harsher sentences in Nevada than sexual harassment that is only psychological. Depending on the case, the prosecutor may agree to dismiss the charge or reduce it to a lesser offense in exchange for the defendant agreeing not to take the matter to trial.

Stalking as sexual harassment in Nevada (NRS 200.575)

Definition

Stalking is trying to force contact or communication with you while willfully causing you to feel scared for the safety of yourself or your family. An example of stalking as sexual harassment is someone following you when you do not want to be followed down the hall or on the street, while shouting suggestive things.

Defenses

Common defenses to stalking include:

• You falsely accused the defendant of stalking,
• Your fears for your safety being threatened were unreasonable, or
• The defendant’s behavior was constitutionally protected free speech or assembly

Penalties

Stalking penalties depend on the defendant’s criminal record, the severity of the alleged stalking, and whether the alleged stalking occurred online or over the phone.

Nevada stalking charge	Penalty
A first offense of stalking that did not involve the internet or cause you to fear substantial bodily harm	misdemeanor: up to 6 months in jail such as the Clark County Detention Center, and/or up to $1,000 in fines
A second offense of stalking that did not involve the internet or cause you to fear substantial bodily harm	: up to 364 days in jail and/or up to $2,000 in fines
Aggravated stalking, which is stalking that causes you to fear death or substantial bodily harm	category B felony: 2 to 15 years in Nevada State Prison, and possibly a $5,000 fine
Cyber-stalking	category C felony: 1 to 5 years in Nevada State Prison, and possibly up to $10,000 in fines.

Note that the court may also impose a restraining order on the defendant, prohibiting them from contacting you.

Harassment as sexual harassment in Nevada (NRS 200.571)

Definition

Harassment is using words or conduct to knowingly threaten you (or your family) with harm so that you reasonably fear the threat will be carried out. The threatened harm can be either:

• Physical injury,
• Property damage,
• Physical restraint or confinement, or
• Anything else meant to impair your bodily or psychological safety substantially.

An example of harassment as sexual harassment is leaving you threatening notes saying that you are going to be raped soon.

Defenses

Typical harassment defenses include:

• You falsely accused the defendant of harassment,
• Your fear of the defendant’s actions was unreasonable, or
• The defendant’s behavior was constitutionally protected free speech or assembly

Penalties

Nevada harassment penalties turn on the defendant’s criminal record, whether the harassment included threats of substantial injury, and whether the harassment occurred online or over the phone.

Nevada harassment charge	Penalty
A first offense of harassment that did not involve the internet or cause you to fear substantial bodily harm	misdemeanor: up to 6 months in jail, and/or up to $1,000 in fines
A second offense of harassment that did not involve the internet or cause you to fear substantial bodily harm	gross misdemeanor: up to 364 days in jail, and/or up to $2,000 in fines
Aggravated harassment that causes you to fear death or substantial bodily harm	category B felony: 2 to 15 years in prison, and possibly a $5,000 fine
Cyber-harassment	category C felony: 1 to 5 years in prison, and possibly up to $10,000 in fines.

The court may also order the defendant to stay away from you.

Assault as sexual harassment in Nevada (NRS 200.471)

Definition

Assault is basically an intended battery, and no physical touching actually occurs. To convict a defendant of assault, the prosecution has the burden to prove beyond a reasonable doubt the following elements:

• The defendant put you in reasonable apprehension of an immediate unlawful physical touching,
• The defendant intended to commit the assault, and
• You were aware of the assault as it was happening

An example of assault as sexual harassment is someone making a sudden groping motion to your breasts or behind.

Defenses

Common defenses to Nevada assault charges are:

• You were unaware of the alleged assault as it was happening,
• Your apprehension of physical touching or harm was unreasonable,
• The defendant was acting in self-defense, or
• You consented to the alleged assault

Penalties

As long as no deadly weapon was involved, assault is a misdemeanor carrying:

• up to 6 months in jail, and/or
• up to $1,000 in fines

Peering as sexual harassment in Nevada (NRS 200.603)

Definition

Peering is knowingly entering your residence with the intent to secretly observe or spy on you through a window or other opening. An example of peeping as sexual harassment is someone looking through your bathroom keyhole at you undressing.

Defenses

Common defenses to peeping include:

• You consented to the peeping, or
• You falsely accused the defendant of peeping

Penalties

Nevada peering charge	Penalty
Peeping without a deadly weapon, camera, or audio recorder	misdemeanor: up to 6 months in jail, and/or up to $1,000 in fines
Peeping without a deadly weapon but with a recording device	gross misdemeanor: up to 364 days in jail, and/or up to $2,000 in fines
Peeping with a deadly weapon	category B felony: 1 to 6 years in prison, and possibly a $5,000 fine

Coercion as sexual harassment in Nevada (NRS 207.190; NRS 207.193)

Definition

Coercion is intentionally bullying you to do, or not do, something by either:

• injuring (or threatening to injure) you or your family or property,
• depriving you of any tool or clothing, or hindering your use of a tool or clothing, or
• trying to intimidate you by threats or force

An example of coercion as sexual harassment is a boss threatening to have you fired if you do not remove your bra for them.

Defenses

Common coercion defenses include:

• The defendant had no intent to deprive you of the right to do, or not do, something, or
• You falsely accused the defendant

Penalties

Nevada coercion charge	Penalty
Coercion without using force or the immediate threat of physical force	misdemeanor: up to 6 months in jail, and/or up to $1,000 in fines
Coercion that involves assault or battery	category B felony: 1 to 6 years in prison, and possibly a $5,000 fine

Note that once someone is convicted of felony coercion in Nevada, the court will hold a hearing to determine whether the coercion was sexually motivated. The court will then take the results of that hearing into account when deciding the final sentence.

Extortion as sexual harassment in Nevada (NRS 205.320)

Definition

Also called blackmail, extortion is when someone threatens to do any of the following in order to obtain money, favors, or something of value:

• accuse you of a crime,
• injure you or your property,
• publish untruths, or
• expose any secret

An example of extortion as sexual harassment is someone threatening to post naked pictures of you unless you agree to go out with them.

Defenses

Common extortion defenses include:

• The defendant never intentionally threatened you in order to obtain something of value,
• The alleged extortion qualifies as a legitimate legal business offer, or
• You falsely accused the defendant

Penalties

Extortion is a category B felony. The standard punishment includes:

• 1 to 10 years in prison, and/or
• up to $10,000 in fines, and
• restitution

Breaching the Peace as sexual harassment in Nevada (NRS 203.030; NRS 203.040)

Definition

Breaching the peace comprises any disruptive behavior involving either:

• making loud or strange noises,
• conducting oneself in a tumultuous and offensive manner,
• threatening, traducing, or quarreling, or
• challenging to fight, or fighting

An example of sexual harassment as breaching the peace is someone screaming sexually-charged insults at you.

Defenses

Common defenses to breach of peace are:

• The defendant did not intend to incite a breach of peace, or
• The defendant was exercising their First Amendment right to free speech

Penalties

Breach of peace is a misdemeanor in Nevada, carrying:

• up to 6 months in jail, and/or
• up to $1,000 in fines

Since breach of peace is a minor offense that carries little stigma, a defense attorney may try to get a serious sexual harassment charge reduced to breach of peace as part of a plea bargain.

Indecent Exposure as sexual harassment in Nevada (NRS 201.220)

Definition

It is illegal in Nevada for someone to openly and obscenely reveal the body of themself or someone else. An example of indecent exposure as sexual harassment is a co-worker taunting you by flashing his genitals at you.

Defenses

A common defense to indecent exposure is that you falsely accused the defendant. If no photographic evidence exists to document the alleged incident, the prosecution may have a difficult time proving guilt beyond a reasonable doubt.

Penalties

The sentence for the Nevada offense of indecent exposure turns the defendant’s criminal record.

Nevada indecent exposure charge	Penalty
First offense	gross misdemeanor: up to 364 days in jail, and/or up to $2,000 in fines
Subsequent offense	category D felony: 1 to 4 years in prison, and possibly a $5,000 fine,

The defendant may also be ordered to register as a sex offender.

Open or Gross Lewdness as sexual harassment in Nevada (NRS 201.210)

Definition

Open or gross lewdness comprises the following two circumstances:

1. any intentional sexual act done where others could see it; or
2. any non-consensual sexual encounter that falls short of rape

Also see our related article on sexual assault (NRS 200.366).

Defenses

Common defenses to open or gross lewdness are:

• The defendant acted unintentionally, such as by accident, or
• You falsely accused the defendant

Penalties

The sentence for open or gross lewdness depends on the defendant’s criminal record:

Nevada open or gross lewdness charge	Penalty
First offense	gross misdemeanor: up to 364 days in jail, and/or up to $2,000 in fines
Subsequent offense	category D felony: 1 to 4 years in prison, and possibly a $5,000 fine,

The defendant may also be ordered to register as a sex offender.

Hate Crimes as sexual harassment in Nevada (NRS 193.1675)

Definition

The punishment for many sexual harassment crimes can be as much as doubled if the defendant did it because of your:

• sexual orientation,
• religion,
• color,
• national origin,
• physical or mental disability, or
• gender identity or expression

An example of a hate crime, such as sexual harassment, is someone stalking you by sending you sexually offensive, racist texts because you are African-American.

Note that Nevada hate crimes are not independent offenses but rather an enhancement to an underlying charge. If a defendant gets acquitted of the underlying crime, such as stalking in the above example, the hate crime enhancement gets dismissed as well.

Defenses

Common defenses to hate crime enhancement charges include:

• You falsely accused the defendant of the hate crime, or
• The incident was an accident

Penalties

The misdemeanor crimes of assault, harassment, stalking, or breach of peace are prosecuted as gross misdemeanors if they were committed as a hate crime. Therefore, the punishment would be:

• up to 364 days in jail, and/or
• up to $2,000 in fines.

And the 2 to 15-year prison sentence for aggravated stalking could be as much as doubled if committed as a hate crime.

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Legal References