Performance Appraisals: Nevada
Federal law and guidance on this subject should be reviewed together with this section.
Author: William R. Dabney and Dora V. Lane, Holland & Hart LLP
- Generally, Nevada law does not restrict private communications involving opinions, such as performance appraisals, particularly when those communications are kept confidential between management and the employee. See Employer Liability Regarding Performance Appraisals.
- Employees may file claims based on defamation, invasion of privacy and intentional infliction of emotional distress in Nevada, in which performance appraisals can be used as evidence. See Common Law Claims.
- Nevada law allows individuals to bring claims for negligent hiring, retention and supervision, in which performance appraisals could prove probative. See Negligent Retention and Supervision.
- Employers who provide job references in good faith at the request of the employee or former employee to a prospective employer have immunity from legal claims. See Employer References.
- Under the Nevada Fair Employment Practices Act, employers are prohibited from discriminating against an employee on the basis of race, color, religion, age, sex, sexual orientation, disability, national origin, or gender identity. See Performance Appraisals and Discrimination.
- Potential retaliation issues may exist if an employee received a poor performance review after he or she has engaged in a protected activity under Nevada law. See Performance Appraisals and Retaliation.