2019-2

Order To Collect Sexual Harassment And Discrimination Policies From Marijuana And
Gaming Privileged License Holders And State Vendors
WHEREAS, Executive Order 2019-1 established combating sexual harassment and
discrimination as a day 1 priority of Nevada Governor Steve Sisolak.

WHEREAS, Executive Order 2019-1 established the Governor’s Task Force on Sexual
Harassment and Discrimination Law and Policy to address sexual harassment and
discrimination within agencies of Nevada’s executive branch. The goal—to lead by
example, addressing matters and parties directly within the purview of State
government.

WHEREAS, recognizing that private industry must also address fairness, diversity, and
the integrity of its employment relationships to effect societal change to reduce—and,
eventually eliminate to the degree possible—sexual harassment and discrimination in
the workplace, Nevada has an opportunity to motivate this discussion within certain
parts of the private sector.

WHEREAS, private businesses that operate according to privileged licenses, especially

marijuana and gaming, which are most prominent, are uniquely situated among
Nevada’s private economic interests. Such businesses, which, in general, have
contributed tremendously to the economic wellbeing of Nevada’s economy, operate
according to State and municipal governments’ strict licensing and regulatory oversight
governing privileged, revocable licenses.

1. Nevada law establishes that the purpose of registering marijuana establishments is

to protect the public health and safety and the general welfare of the people of this
State. State statutory provisions and various municipal codes establish marijuana
establishment certificates as revocable privileges. Under the terms of State statute,
the Nevada Department of Taxation, an agency of the executive branch of Nevada
government, is the authorized state regulatory agency for all marijuana
establishments.

2. NRS 463.0129(2), which contains Nevada’s public policy concerning gaming,

declares that all individuals and entities granted any approval or license under NRS
463 or 464 of the Gaming Control Act are possessed of a revocable privilege and
acquire no vested right therein or thereunder. The Nevada Gaming Control Act
delegates regulatory authority over licensed gaming in the State to the Nevada
 Gaming Control Board and Nevada Gaming Commission, both agencies of the
executive branch of Nevada government.

WHEREAS, the Nevada Legislature has acknowledged the importance of strict

regulation of privileged marijuana and gaming license holders to promote public
confidence and trust in these industries. The Nevada Legislature has also articulated the
priority of ensuring that such businesses be regulated to protect the public health,
safety, morals, good order and general welfare of the inhabitants of the State.

WHEREAS, just as Nevada’s most prominent privileged license industries occupy an

important and unique place within Nevada’s economy, so, too, do registered vendors of
State government. Such vendors are subject to State Purchasing Act provisions codified
in NRS 333 and regulations promulgated by the Administrator of the State Purchasing
Division.

WHEREAS, given that public funds are expended directly for goods and services
provided by State registered vendors, ensuring their compliance with federal and State
sexual harassment and discrimination laws and policies is important to protecting the
public health, safety, morals, good order and general welfare of the inhabitants of the
State.

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. As
the Nevada Legislature declared in NRS 233.010, which contains the State’s public policy
against discrimination, including sexual harassment--a form of sex discrimination:

(3)

It is hereby declared to be the public policy of the State of Nevada to protect the welfare,
prosperity, health and peace of all the people of the State, and to foster the right of all
persons reasonably to seek, obtain and hold employment without discrimination, distinction
or restriction because of race, religious creed, color, age, sex, disability, sexual orientation,
gender identity or expression, national origin or ancestry.

(4)

It is recognized that the people of this State should be afforded full and accurate
information concerning actual and alleged practices of [sexual harassment as a form of
discrimination and acts of prejudice, and that such information may provide the basis for
formulating statutory remedies of equal protection and opportunity for all citizens in this
State.
WHEREAS, it stands to reason that privileged marijuana and gaming license holders
would take great care, including establishing and enforcing robust sexual harassment
and discrimination policies and procedures with accompanying training, to address and
prevent violations of Title VII of the Federal Civil Rights Act of 1964 and the anti-
discrimination provisions detailed in NRS 233.010, given the heightened scrutiny and
risk of discipline, including and up to license revocation, a privileged and revocable
license may be subject to for a violation of these laws.

WHEREAS, vendors doing business with the State of Nevada, as recipients of public
funds, also have significant incentives to ensure they are vigilant in preventing sexual
harassment and discrimination and in addressing claims of this illegal activity among
their employees.

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.”

WHEREAS, Article 5, Section 6 of the Nevada Constitution declares that the Governor
“shall transact all executive business with the Officers of the Government Civil and
Military; and may require information in writing, from the Officers of the Executive
Department, upon any subject relating to the duties of their respective Offices.”

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:

SECTION 1:

The Nevada Department of Taxation and the Nevada Gaming Control Board, as agencies
of the executive branch, are directed to request and collect sexual harassment and
discrimination policies and procedures from privileged marijuana and gaming license,
permit, or certificate holders under the respective jurisdiction of one of these two
agencies.

SECTION 2:

The Purchasing Division, Nevada Department of Administration, as an agency of the

executive branch, is directed to request and collect sexual harassment and
discrimination policies and procedures from all current State vendors. Moreover, the
Administrator of the Purchasing Division is hereby directed to ensure that all prospective
State registered vendors submit such policies and procedures for review and that any
awardee of a State contract submit similar documentation for review.
SECTION 3:

After collecting such policies and procedures, and not later than May 1, 2019, the
Nevada Department of Taxation, the Nevada Gaming Control Board, and the Purchasing
Division, Department of Administration, shall review these documents and provide
separate reports of their general findings and conclusions to the Office of the Governor
and to the Attorney General as Chair of the Governor’s Task Force on Sexual Harassment
and Discrimination Law and Policy.

SECTION 4:

To promote transparency and democratic governance, if necessary, agencies here

named shall seek from each subject person or entity a waiver of any statutory or
regulatory confidentiality provisions that may otherwise apply to these documentary
submissions, with the express purpose of ensuring such documents constitute public
records under NRS 239.

SECTION 5:

The Nevada Department of Taxation, the Nevada Gaming Control Board, and the
Purchasing Division, Nevada Department of Administration, shall work with those
persons and entities submitting sexual harassment and discrimination policies and
procedures to vigorously protect the confidentiality of any identifiable individual,
through appropriate redactions, and especially the identities of alleged victims. It is of
the greatest possible public concern that no victim of sexual harassment and
discrimination should be re-victimized through this process.

SECTION 6:

This Order shall be effective upon signature and remain in effect until the two agencies
report their findings to the Governor and Attorney General, but not later than May 1,
2019 unless it is terminated earlier or extended beyond that date by subsequent
Executive Order.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the
State of Nevada to be affixed at the State Capitol in Carson City, this 9th day of January,
in the year two thousand nineteen .