For "has", neither Congress nor Nevada has attempted to make discrimination based on employer illegal, in a place of public accommodation or otherwise. There can be no illegal discrimination when there is no relevant law, making the case moot from its inception.

And even if they had attempted such (that is, we move to the "can" analysis), we know from the Supreme Court's unanimous decision in Hurley that it's difficult to do even where there is an entanglement of public and private interests, the harm to the private interests is extremely attenuated, and the excluded group is arguably quasi-suspect.