Nevada Return to Office Mandate 2026

What is Nevada’s return to office mandate?

Nevada’s return to office mandate refers to Executive Order 2023-002, issued by Governor Joe Lombardo on January 6, 2023. This executive order directed the Nevada Department of Administration to develop a plan to transition state government employees to “pre-pandemic, normal and customary office conditions” by July 1, 2023.

Key points:

• The mandate applies only to Nevada state government employees
• It does not apply to private sector employers
• Implementation was directed by July 1, 2023, though reporting indicated delays in full implementation
• The order was part of broader COVID-19 policy changes

Source: Executive Order 2023-002
Available at: https://gov.nv.gov/Newsroom/ExecOrders/2023/Executive_Order_2023-002/

Does Nevada’s RTO mandate apply to private employers?

No. Executive Order 2023-002 applies exclusively to Nevada state government employees in the Executive Branch. Private sector employers in Nevada are not required to implement return to office policies under this executive order.

Private employers may establish their own workplace location policies as business decisions, subject to compliance with:

• Nevada anti-discrimination laws (NRS Chapter 613)
• Federal anti-discrimination laws (Title VII, ADA, ADEA)
• Reasonable accommodation requirements
• Employment contracts and collective bargaining agreements
• Anti-retaliation protections

Source: Executive Order 2023-002 and Nevada Revised Statutes Chapter 613

Can my employer force me back to the office in Nevada?

Generally, yes. Nevada is an at-will employment state, meaning employers may change workplace location requirements, including requiring employees to work in the office rather than remotely. However, important exceptions and protections exist:

Exceptions and protections:

• Employment contracts specifying remote work or work location
• Collective bargaining agreements containing location provisions
• Reasonable accommodation requirements for disabilities
• Protections against discrimination based on protected classes
• Anti-retaliation protections for employees who oppose unlawful practices

According to the Nevada Office of the Labor Commissioner:

“Nevada is an ’employment-at-will’ state, meaning that an employer may terminate the relationship at any time and without any reason. The employer cannot discriminate based on sex, race, color, national origin, age, religion or disability.”

If you need accommodation:
Employees who require accommodation due to disability, pregnancy, or other protected reasons should request accommodation through their employer’s process. Employers must engage in an interactive process to identify reasonable accommodations.

Source: Nevada Office of the Labor Commissioner
Available at: https://labor.nv.gov/

What are my accommodation rights under Nevada law?

Nevada law, along with federal law, requires employers to provide reasonable accommodations for qualified individuals with disabilities and for pregnancy-related conditions unless doing so would impose undue hardship.

Nevada protections include:

For Disabilities:
According to NRS § 613.330 and federal ADA requirements, employers with 15 or more employees must:

• Provide reasonable accommodations enabling qualified individuals with disabilities to perform essential job functions
• Engage in an interactive process with employees requesting accommodation
• Not discriminate based on disability

For Pregnancy:
According to the Nevada Pregnant Workers’ Fairness Act (NRS § 613.4353 through § 613.4383), employers must:

• Provide reasonable accommodations for conditions relating to pregnancy, childbirth, or related medical conditions
• Not refuse accommodation unless it would impose undue hardship
• Not retaliate against employees for requesting accommodation

Examples of accommodations may include:

• Modified work schedules
• Remote work or telework arrangements
• Modified duties or temporary reassignment
• Additional breaks
• Modified equipment or workspace

Sources:
Nevada Revised Statutes § 613.330 and § 613.438
Available at: https://www.leg.state.nv.us/NRS/NRS-613.html

How do I request a reasonable accommodation in Nevada?

To request a reasonable accommodation in Nevada:

Step 1: Notify Your Employer
Inform your employer that you need an adjustment or change at work due to a medical condition or disability. You do not need to use specific legal language or mention the ADA or Nevada law. A simple statement like “I need [specific change] because of a medical condition” is sufficient.

Step 2: Provide Information
Your employer may request additional information or medical documentation to verify:

• That you have a disability (under the ADA definition)
• That you need an accommodation
• What type of accommodation may be effective

Be prepared to provide documentation from your healthcare provider if requested.

Step 3: Engage in Interactive Process
Work with your employer to identify potential accommodations. This should be an informal, good-faith dialogue where both parties discuss possible solutions.

Step 4: Implementation
Your employer will select and implement an effective accommodation. The employer has discretion to choose among effective options but must provide an accommodation that enables you to perform your essential job functions.

Important tips:

• Make your request in writing and keep copies
• Be specific about what accommodation you need
• Respond promptly to employer requests for information
• Document all communications
• If your initial request is denied, ask why and discuss alternatives

If your request is denied:
If your employer denies your accommodation request, you may file a complaint with the Nevada Equal Rights Commission (within 300 days) or the EEOC (within 300 days in Nevada).

NERC Contact: (702) 486-7161 (Las Vegas) or (775) 823-6690 (Reno)
EEOC Contact: 1-800-669-4000

Can I request remote work as a reasonable accommodation?

Yes, you may request remote work as a reasonable accommodation under the ADA and Nevada law. However, whether remote work must be provided depends on several factors:

Factors employers may consider:

• Whether in-person presence is an essential function of your position
• Whether you can perform all essential functions remotely
• Whether the employer has technology and systems to support remote work
• Whether granting remote work would impose undue hardship
• The employer’s experience with remote work (including during COVID-19)

According to EEOC guidance, the pandemic demonstrated that many jobs can be performed remotely. If your employer allowed remote work during COVID-19, this may support your request for remote work as an accommodation.

However, remote work is not required if:

• Your job requires in-person interaction that cannot be done remotely
• Remote work would fundamentally alter the nature of your position
• It would impose undue hardship on the employer’s operations

Each request must be evaluated individually based on your specific job duties and circumstances.

Source: EEOC Guidance on COVID-19 and Reasonable Accommodation
Available at: https://www.eeoc.gov/

How do I file a discrimination complaint in Nevada?

You may file a discrimination complaint with either the Nevada Equal Rights Commission (NERC) or the Equal Employment Opportunity Commission (EEOC). In most cases, filing with one agency results in automatic cross-filing with the other.

Nevada Equal Rights Commission (NERC):

Deadline: 300 days from the last discriminatory act

How to file:

• Online: https://mynerccomplaint.nv.gov/landing/
• By phone: (702) 486-7161 (Las Vegas) or (775) 823-6690 (Reno)
• In person: Visit either NERC office
• By mail: Send complaint to NERC office

Contact information:

Las Vegas Office:
1820 East Sahara Avenue, Suite 314
Las Vegas, NV 89104
Phone: (702) 486-7161

Reno Office:
1325 Corporate Boulevard, Room 115
Reno, NV 89502
Phone: (775) 823-6690

Equal Employment Opportunity Commission (EEOC):

Deadline: 300 days in Nevada (due to worksharing agreement)

How to file:

• Online: https://publicportal.eeoc.gov/
• By phone: 1-800-669-4000
• In person: Schedule appointment through Public Portal

Contact information:

EEOC Las Vegas Local Office
333 Las Vegas Boulevard South, Suite 5560
Las Vegas, NV 89101
Phone: 1-800-669-4000 or (702) 553-4470

What to expect:

• Intake interview (phone, video, or in-person)
• Investigation of your charge
• Determination of whether discrimination likely occurred
• Possible settlement, conciliation, or right to sue letter

No attorney or fee required:
You do not need an attorney to file a complaint, and filing is free. However, you may choose to consult with or be represented by an attorney.

What is Nevada Revised Statutes Chapter 613?

Nevada Revised Statutes (NRS) Chapter 613 is Nevada’s primary employment discrimination law. Chapter 613 prohibits discriminatory employment practices and establishes enforcement mechanisms.

Key provisions include:

Protected Classes (NRS § 613.330):

• Race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, national origin

Prohibited Actions:

• Discriminatory hiring, firing, or employment decisions
• Limiting or segregating employees based on protected characteristics
• Retaliating against employees who oppose discrimination or participate in investigations
• Interfering with disability aids or service animals

Employer Coverage:
Most provisions apply to employers with 15 or more employees.

Enforcement:
The Nevada Equal Rights Commission investigates complaints and enforces Chapter 613.

Remedies:
Employees may obtain reinstatement, back pay, compensatory damages, and attorney’s fees.

Source: Nevada Revised Statutes Chapter 613
Available at: https://www.leg.state.nv.us/NRS/NRS-613.html

Where do I file an EEOC complaint in Nevada?

In Nevada, you file EEOC complaints through the EEOC Las Vegas Local Office (for southern Nevada) or the EEOC San Francisco District Office (for northern Nevada).

EEOC Las Vegas Local Office (Recommended for Southern Nevada):

Address: 333 Las Vegas Boulevard South, Suite 5560, Las Vegas, NV 89101
Coverage: Clark, Esmeralda, Lincoln, Mineral, and Nye counties

Contact:

• Phone: 1-800-669-4000 (national intake) or (702) 553-4470 (local)
• TTY: 1-800-669-6820
• ASL Video Phone: 1-844-234-5122
• Website: https://www.eeoc.gov/field-office/lasvegas/location
• Public Portal: https://publicportal.eeoc.gov/

Hours: Monday-Friday, 8:00 a.m. to 4:30 p.m. (except federal holidays)

Filing process:

1. Visit the EEOC Public Portal to submit information and schedule an interview
2. Complete intake interview (by phone, video, or in person)
3. File formal charge if case meets EEOC requirements
4. EEOC investigates and makes determination

Important: Schedule an appointment through the Public Portal before visiting in person. Walk-ins are accepted but appointments receive priority. The office is located in a federal courthouse requiring security clearance and valid photo ID.

EEOC San Francisco District Office (Northern Nevada):

Address: 450 Golden Gate Avenue, 5th Floor, San Francisco, CA 94102
Phone: 1-800-669-4000
Website: https://www.eeoc.gov/field-office/sanfrancisco

What is at-will employment in Nevada?

At-will employment means that either the employer or employee may terminate the employment relationship at any time, for any lawful reason, without liability. Nevada follows the at-will employment doctrine for private sector employment.

According to the Nevada Office of the Labor Commissioner:

“Nevada is an ’employment-at-will’ state, meaning that an employer may terminate the relationship at any time and without any reason. The employer cannot discriminate based on sex, race, color, national origin, age, religion or disability.”

Key features of at-will employment:

• No requirement for notice (unless specified by contract)
• Employer may change terms and conditions of employment
• Employer may require return to office or change work location
• Employee may resign at any time

Exceptions to at-will employment:

• Employment contracts for definite terms
• Collective bargaining agreements
• Anti-discrimination laws (cannot fire based on protected characteristics)
• Anti-retaliation laws (cannot fire for opposing illegal practices)
• Public policy exceptions (cannot fire for reasons violating public policy)
• Implied covenant of good faith and fair dealing (recognized in Nevada)

What this means for return to office:
Employers generally may require employees to return to office as an at-will employment decision, subject to accommodation requirements and anti-discrimination protections.

Source: Nevada Office of the Labor Commissioner
Available at: https://labor.nv.gov/

What is the difference between state employee and private sector RTO requirements in Nevada?

State Employees:

Nevada state government employees are subject to Executive Order 2023-002, which directed state agencies to transition employees back to pre-pandemic office conditions by July 1, 2023.

Governing law:

• NRS Chapter 284 (State Human Resources System)
• Executive Order 2023-002
• State Administrative Manual
• Agency-specific policies

Employment relationship:
State employees have specific protections and procedures under Nevada’s classified and unclassified service systems. State employment is not purely at-will.

RTO requirements:
State agencies were directed to implement return to office plans by July 1, 2023, though implementation timelines varied.

Private Sector Employees:

Private sector employees are NOT subject to Executive Order 2023-002. Private employers may establish their own return to office policies.

Governing law:

• At-will employment doctrine
• NRS Chapter 613 (Employment Practices – anti-discrimination)
• Federal anti-discrimination laws (Title VII, ADA, ADEA)
• Employment contracts (if applicable)
• Collective bargaining agreements (if applicable)

Employment relationship:
Generally at-will, allowing employers to change workplace location requirements as business decisions.

RTO requirements:
Private employers may implement return to office policies subject to:

• Reasonable accommodation requirements
• Anti-discrimination protections
• Contract obligations
• Anti-retaliation protections

Common Requirements for Both:

Both state and private sector employees have rights to:

• Reasonable accommodations for disabilities
• Freedom from discrimination based on protected characteristics
• File complaints with NERC or EEOC
• Protection against retaliation

What should I do if my accommodation request is denied?

If your employer denies your reasonable accommodation request, consider the following steps:

1. Ask for explanation:
Request a written explanation of why your accommodation was denied. The employer should explain whether the accommodation would impose undue hardship or why it would not be effective.

2. Discuss alternatives:
Engage in further discussion about alternative accommodations that might address your needs. The interactive process should be ongoing.

3. Document everything:
Keep records of:

• Your accommodation request (written is best)
• Medical documentation provided
• Employer responses and communications
• Any alternative accommodations discussed or offered

4. Review employer’s reasoning:
Consider whether the employer’s stated reasons for denial are legitimate. Employers may deny accommodations that:

• Would impose undue hardship (significant difficulty or expense)
• Would not be effective in allowing you to perform essential functions
• Are not necessary (if you don’t have a disability under the ADA)

5. File a complaint:
If you believe the denial was improper, you may file discrimination complaints with:

Nevada Equal Rights Commission:

• Deadline: 300 days from denial
• Phone: (702) 486-7161 or (775) 823-6690
• Online: https://mynerccomplaint.nv.gov/

EEOC:

• Deadline: 300 days in Nevada
• Phone: 1-800-669-4000
• Online: https://publicportal.eeoc.gov/

6. Consult an attorney:
Consider consulting with an employment attorney who can:

• Evaluate whether the denial was lawful
• Advise on your legal options
• Represent you in negotiations or legal proceedings

Important: Do not delay. Strict deadlines apply to filing discrimination complaints. File within 300 days of the denial to preserve your rights.

Is there pending RTO legislation in Nevada?

As of January 2, 2026, searches of the Nevada Legislature website reveal no pending legislation specifically addressing return to office mandates or requirements for either state employees or private sector employers.

Legislative monitoring:
Nevada Legislature Bill Search: https://www.leg.state.nv.us/
Current session: 2025 Legislative Session
Search conducted: January 2, 2026

Recent relevant legislation:

Executive Order 2023-002 remains the primary directive regarding return to office for state employees. No legislative bills have been introduced to codify, modify, or repeal this executive order.

How to monitor for updates:

Nevada Legislature:
Website: https://www.leg.state.nv.us/
Bill search: https://www.leg.state.nv.us/App/NELIS/REL/Session
Subscribe to legislative updates through the Nevada Legislature website

Governor’s Executive Orders:
Website: https://gov.nv.gov/Newsroom/ExecOrders/
Check periodically for new executive orders related to employment or state operations

Agency updates:

• Nevada Department of Administration: https://www.admin.nv.gov/
• Nevada Equal Rights Commission: https://detr.nv.gov/Page/Equal_Rights_Commision

How does Nevada law protect employees with disabilities?

Nevada law provides comprehensive protections for employees with disabilities through NRS Chapter 613 and federal ADA requirements.

Nevada protections include:

Anti-Discrimination (NRS § 613.330):
It is unlawful for employers to:

• Discriminate in hiring, firing, or employment decisions based on disability
• Limit, segregate, or classify employees based on disability
• Interfere with disability aids, appliances, or service animals

Reasonable Accommodation Requirements:
Employers must provide reasonable accommodations unless doing so would impose undue hardship. Accommodations may include:

• Modified work schedules or locations
• Assistive technology or equipment
• Job restructuring
• Modified policies
• Leave of absence
• Reassignment to vacant positions

Service Animal Protections (NRS § 613.330(6)):
Employers must permit employees with disabilities to keep service animals with them at all times in the workplace, with limited exceptions.

Interactive Process:
Employers must engage in a good-faith interactive process to identify effective accommodations.

Anti-Retaliation (NRS § 613.340):
Employers cannot retaliate against employees for requesting accommodations or opposing discriminatory practices.

Employer coverage:
These protections generally apply to employers with 15 or more employees.

Enforcement:
Complaints may be filed with the Nevada Equal Rights Commission within 300 days.

Sources:
Nevada Revised Statutes § 613.330, § 613.340
Available at: https://www.leg.state.nv.us/NRS/NRS-613.html