EXECUTIVE ORDER 2019-01
Order Establishing the Governor’s Task Force On Sexual Harassment And Discrimination Law And Policy
WHEREAS, it is foundational to democratic governance and to the function of a good and just society that individuals enjoy a work environment free from harassment and discrimination; and
WHEREAS, sexual harassment is a form of discrimination that undermines the integrity of employment relationships and harms the productivity and wellbeing of those who endure such discrimination; and
WHEREAS, sexual harassment and discrimination violate the policy and law of the State of Nevada and Title VII of the Federal Civil Rights Act of 1964; and
WHEREAS, the State of Nevada is committed to promoting a culture that values respect, opportunity, inclusion, and diversity, free from sexual harassment and discrimination; and
WHEREAS, it is imperative to the progress and reputation of Nevada that we continue to examine and address the power inequities, harassment and discrimination reporting failures, and flaws in anti-discrimination laws, policies, and procedures that have allowed sexual harassment and discrimination to persist; and
WHEREAS, Article 5, Section 1 of the Nevada Constitution provides: “The supreme executive power of this State, shall be vested in a Chief Magistrate who shall be Governor of Nevada.”
NOW, THEREFORE by the authority vested in me as Governor by the Constitution and laws of the State of Nevada and the United States, it is hereby ordered as follows:
Before March 1, 2019, all agencies within the executive branch shall review their own policies and procedures, and orientation and training protocol for complying with State of Nevada Executive Branch Sexual Harassment and Discrimination Policy, as revised on April 18, 2018, and submit to the Attorney General or designee a report regarding such policies, procedures, and training protocol.
The Governor’s Task Force on Sexual Harassment and Discrimination Policy (“Task Force”) is established within the executive department, Office of the Governor.
The duties of the Task Force include, but are not limited to, the following:
- Review of federal and State sexual harassment and discrimination laws, regulations, and policies;
- Review of sexual harassment and discrimination prevention plans and training procedures of each agency within the executive branch;
- Review of current sexual harassment and discrimination orientation and training policies and procedures for each agency of the executive branch, including those used to train supervisors in managing sexual harassment and discrimination matters;
- Review of current allegation reporting and investigation protocol for claims of sexual harassment and discrimination;
- Review of current privacy protections for parties to such allegation reports and investigations;
- Review of current recommended and mandated action once such investigations are complete;
- Development of particularized and actionable recommendations for improving current sexual harassment and discrimination prevention plans and training procedures, allegation reporting and investigation protocol, and privacy protection safeguards;
- Development of models for such policies, procedures, and training within executive branch agencies; and
- Consideration of other related items as directed by the Governor.
The Task Force shall be comprised of a maximum of eleven (11) members. Unless otherwise specified, each member shall be designated by and serve at the pleasure of the Governor and meet the qualifications of one of the categories below.
- The Attorney General of the State of Nevada
- The Executive Director of the Department of Administration
- The Administrator of the Nevada Equal Rights Commission
- A representative from the William S. Boyd School of Law, who will represent higher education interests
- A sexual harassment and discrimination victims’ rights advocate
- A representative of local law enforcement
- An individual with expertise in medical and psychological treatment of sexual harassment and discrimination victims
- A representative of a labor union that represents the interests of culinary and hospitality workers in Nevada’s resort industry
- A representative of a Nevada chamber of commerce
- A representative of a county with a population of fewer than 100,000 people
- A representative of the Nevada Resort Association
The Attorney General of the State of Nevada is appointed Chair of the Task Force.
The advocate for sexual harassment and discrimination victims’ rights shall serve as Vice Chair of the Task Force.
The Chair shall have the authority to issue guidelines for operation of the Task Force and to amend such guidelines as necessary. The Task Force Chair may form working groups, in consultation with the Office of the Governor, chaired by one or more members of the Task Force and comprised of individuals with subject matter expertise pertinent to the focus of the particular working group. The Chair of the Task Force shall identify and approve matters for review by any working group.
The Office of the Governor, the Office of the Attorney General, and the Department of Administration will provide support staff, facilities, and resources to the Task Force at the Chair’s request and in consultation with the Office of the Governor.
Members of the Task Force shall serve in a volunteer capacity and without compensation.
The Task Force shall meet at regular intervals and at the discretion and call of the Task Force Chair.
All meetings of the Task Force and any working groups of the Task Force shall comply with the Nevada Open Meeting Law, as codified in NRS Chapter 241.
All records documenting the Task Force’s discussions, deliberations, and recommendations shall be retained and transferred to the Nevada State Library and Archives for retention pursuant to State retention policies.
This Order is effective upon signature and shall remain in force, unless amended, modified, terminated, or rescinded by the Governor, until the Task Force completes the assignments outlined in Section 3 and prepares and transmits a report to the Governor with findings and recommendations.