Not offered full time after working per diem for over a year now.

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Not offered full time after working per diem for over a year now.

A friend of mine has been working for Valley Health Systems at Summerlin Hospital
here in Las Vegas Nevada for the past year and a half as a per diem employee and
working full time hours. While he gets a higher pay rate than benefited
employee’s he has inquired more than a few times for a full time position that
offered him medical benefits as well as vacation time. He has applied to open
full time postings when they were made available and every time he has been
passed over while others have been hired. He doesn’t want to lose his job but he
feels like its discrimination since he is a openly gay man.

Asked on March 6, 2018 under Employment Labor Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

In the state your question identifies (Nevada), sexual orientation is a protected category, so it is illegal to discriminate against an employee due to his orientation (e.g. if he is gay). If there is some non-discriminatory reasons(s) that he has been passed over--for example, the people who received the full-time positions had experience, credentials, or degrees that he lacked--then the employer has done nothing wrong and there is no viable cause of action or claim; but if there is no explanation other than your friend's orientation, this may be illegal discrimination. If your friend thinks that is the case, he should contact the Nevada Equal Rights Commission about filing a complaint.


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