Attorney at Gina Corena & Associates
Practice Areas: Personal Injury
Workplace stress is a reality for many employees, but when that stress becomes overwhelming and begins to affect your health, it’s natural to wonder if you have legal options. In Nevada, while not all workplace stress is legally actionable, there are situations where an employer’s actions—or failure to act—can make them liable.
If you’re experiencing severe stress due to bullying, harassment, discrimination, or an unreasonable workload, you may have the right to take legal action. Employers are required to maintain a safe and fair workplace. If they fail to do so and your mental or physical health suffers as a result, you may be able to file a claim under Nevada labor laws, federal workplace protections, or even workers’ Compensation.
This guide will help you understand when workplace stress crosses the legal threshold, what protections Nevada employees have, and what steps you can take if your employer is responsible for a hostile work environment or severe stress-related harm.
Nevada does not have a specific workplace anti-bullying law. However, this does not mean employees have no protection. If workplace bullying creates a hostile work environment or leads to discrimination, legal action may be possible.
Under federal and state laws, employers must provide a workplace free from harassment, discrimination, and unsafe conditions. Workplace bullying, including harassment based on race, gender, religion, disability, or other protected classes, is illegal. Employers are required to investigate and take action if employees report such behavior.
“Under Nevada law (NRS 618.375), employers must provide a workplace free from recognized hazards that could cause serious harm to employees.”
If your employer knows about workplace bullying and fails to address it, they could be held liable for negligence.
A hostile work environment goes beyond just a demanding boss or a stressful job. Under Nevada and federal law, a workplace becomes “hostile” when it involves persistent and severe harassment, discrimination, or employer negligence that makes it unbearable for employees to do their jobs.
For a hostile work environment to be legally actionable, it must meet these criteria:
If you feel your workplace is toxic because of constant harassment, bullying, or retaliation, you may have legal grounds to file a complaint or sue your employer.
Work-related stress alone is not usually enough to file a lawsuit. However, you can sue your employer if their actions—or failure to act—caused significant harm to your mental health.
Scenarios where you might have a legal claim:
In some cases, employees suffering from stress-induced health issues may also be eligible for workers’ compensation benefits.
“Workers’ compensation laws in Nevada allow claims for mental stress if the employee can prove the condition resulted from extreme working conditions beyond normal job stressors.”
Not all workplace bullying is illegal, but when it crosses into harassment, retaliation, or employer negligence, legal action may be an option.
Nevada labor laws do not expressly prohibit workplace bullying unless it involves:
If you are experiencing workplace bullying, it’s crucial to document everything and report the issue to HR or a supervisor. If your employer fails to act, seeking legal advice may be your next step.
If your job is causing extreme stress and anxiety, taking proactive steps can protect your well-being and legal rights.
Legal Basis | Can You Sue for Stress? | Evidence Required |
Hostile Work Environment | Yes, if discrimination is involved | Harassment records, HR reports, emails |
Workplace Bullying | Only if tied to discrimination or retaliation | Documentation, witness statements |
Employer Negligence | Yes, if failure to prevent stress-related harm | Proof of employer awareness and inaction |
Workers’ Compensation | Yes, but harder to prove | Medical reports, workplace stress conditions |
Retaliation Claims | Yes, if tied to protected activities | Timeline of events, job performance records |
Nevada does not have a specific workplace bullying law, but bullying may be illegal under federal and state laws if it involves harassment, discrimination, or retaliation.
Yes, but you must prove that your employer’s actions caused severe stress, leading to health issues, job loss, or a hostile work environment.
A hostile work environment involves severe or persistent harassment, discrimination, or intimidation that makes it difficult for employees to perform their jobs.
It is difficult to qualify for workers’ Compensation for stress alone, but if you can prove that extreme working conditions caused significant harm, you may be eligible.
Document all incidents, report them to HR, and seek legal advice if your employer does not take action to resolve the issue.
If your employer ignored severe workplace stress concerns leading to mental health damage, you might have a claim for negligence.
Work-related stress is a serious issue that should never be ignored. While not all job stress is legally actionable, employers must take responsibility when workplace conditions lead to severe mental health issues, harassment, or a hostile environment.
If you are facing workplace stress due to bullying, harassment, or employer negligence, you have legal options. Document your experiences, report the issue, and seek legal guidance if necessary.
At Gina Corena & Associates, we help employees understand their rights and take action when needed. If you are experiencing workplace stress and believe your employer is responsible, reach out for a free consultation today. Your mental health matters and you have the right to work in a safe and supportive environment.
As founder of Gina Corena & Associates, she is dedicated to fighting for the rights of the people who suffer life-changing personal injuries in car, truck and motorcycle accidents as well as other types of personal injury. Gina feels fortunate to serve the Nevada community and hold wrongdoers accountable for their harm to her clients.