Senate narrowly passes bill prohibiting transgender discrimination in Nevada

CARSON CITY — Employers could not discriminate against transgender people under a bill approved Wednesday on a narrow 11-10 vote in the state Senate.

Of the upper house’s 11 Democrats, all but Sen. John Lee, D-North Las Vegas, supported Assembly Bill 211. Of the 10 Republicans, only Sen. Ben Kieckhefer of Reno voted for the bill.

Under AB211, employers could not discriminate against people based on their gender “identity or expression,” which could be opposite of the gender they were assigned at birth. However, employers could require appropriate workplace clothing and grooming standards.

It would become unlawful “to fail to hire or to fire or otherwise discriminate” against transgender people.

The same protection is given to people subjected to discrimination based on their race, color, religion, sex or sexual orientation. Violations of this law are investigated by the Nevada Equal Rights Commission.

The proposal to outlaw job discrimination against transgender people would apply only to employers with 15 or more employees.

“This vote puts Nevada with a small but growing group of states that stand for equality for transgender people,” said Lauren Scott, a transgender woman and Air Force veteran who leads Equality Nevada.

The nonpartisan organization fights for the rights of lesbian, gay, bisexual, transgender and intersex people.

“It is very difficult for transgender people to secure meaningful employment,” Scott said.

She estimated transgender unemployment at two or three times that of others and said that many are veterans with degrees and experience who would be a real asset to the Nevada economy.

The vote on the bill comes a month after the Assembly approved the same bill 29-13, with all Democrats and three of the 16 Republicans voting for it.

Because the Senate added a minor amendment Saturday, the bill will return to the Assembly for approval of the amendment before it goes to Gov. Brian Sandoval for his veto or signature.

AB211 sponsor Assemblyman Paul Aizley, D-Las Vegas, said last week that he understands the governor will sign the anti-job discrimination bill, although Sandoval’s staff repeatedly has said the governor will not give his views on the bill before it reaches his desk.

The vote to outlaw job discrimination came on a day when hearings were conducted on two other bills designed to secure the rights of transgender people.

Less than an hour after the Senate vote, the Assembly Commerce and Labor Committee discussed Senate Bill 331, which would outlaw discrimination against transgender people in public accommodations, such as hotels, motels, restaurants, stores, movies and other places open to the public.

The committee also discussed Senate Bill 368, which would prohibit discrimination against them in renting or purchasing homes or property.

Buildings where the proprietor lives and has five or fewer rooms for rent would be exempt.

No one testified against either bill.

The Nevada Resort Association spoke in favor of the public accommodations bill.

Commerce and Labor Chairman Kelvin Atkinson, D-North Las Vegas, said his committee will decide next week whether to send the two bills to the Assembly floor for final votes. Approval is expected.

Scott said her organization intends to give Sandoval literature showing how 14 other states already prohibit job discrimination against transgender people and note the contributions made by transgenders.

After the vote, Kieckhefer said he opposes dictating policies to employers but added “discrimination offends my sense of right or wrong.”

In speaking for the bill on the Senate floor, Sen. David Parks, D-Las Vegas, said that Nevada has a proud history of defending the personal rights of its citizens and that protections for transgender people were long overdue.

Scott sat on the Senate floor next to Parks during the vote on the bill.

Contact Capital Bureau Chief Ed Vogel at evogel@reviewjournal.com or 775-687-3901.