reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-823 - Act; liberal construction; commission; powers.

48-823.
Act; liberal construction; commission; powers.
The Industrial Relations Act and all grants of power, authority, and jurisdiction made in such act to the commission shall be liberally construed to effectuate the public policy enunciated in section 48-802. All incidental powers necessary to carry into effect the Industrial Relations Act are hereby granted to and conferred upon the commission.
Source
Laws 1947, c. 178, § 23, p. 594;
Laws 1986, LB 809, § 9.
Annotations
Supervisory or managerial personnel may not enter into a bargaining unit with rank and file employees and may not retain the same bargaining agent. Nebraska Assn. of Pub. Emp. v. Nebraska Game & Parks Commission, 197 Neb. 178, 247 N.W.2d 449 (1976).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-837 - Public employees; employee organization; bargaining.

48-837.
Public employees; employee organization; bargaining.
Public employees shall have the right to form, join, and participate in or to refrain from forming, joining, or participating in any employee organization of their own choosing. Public employees shall have the right to be represented by employee organizations to negotiate collectively with their public employers in the determination of their terms and conditions of employment and the administration of grievances arising thereunder.
Source
Laws 1969, c. 407, § 7, p. 1410;
Laws 1986, LB 258, § 7;
Laws 1986, LB 1250, § 4;
Laws 1987, LB 661, § 29.
Annotations
Under the provisions of Nebraska law, employees have not only a right to organize and be represented by a union but likewise have a right not to be organized and represented. Sheldon Station Employees Assn. v. Nebraska P.P.D., 202 Neb. 391, 275 N.W.2d 816 (1979).
A basic consideration in bargaining unit determination is whether a community of interest exists among the employees sufficient to warrant their inclusion in a single unit. American Assn. of University Professors v. Board of Regents, 198 Neb. 243, 253 N.W.2d 1 (1977).
It is unlawful for the employer of a public employee to exert pressure upon him to refrain from joining a recognized bargaining unit. Local Union No. 647 v. City of Grand Island, 196 Neb. 693, 244 N.W.2d 515 (1976).
A uniquely personal termination of employment does not violate any rights under this section. Nebraska Dept. of Roads Employees Assn. v. Department of Roads, 189 Neb. 754, 205 N.W.2d 110 (1973).
School teachers are public employees within terms of this act. Sidney Education Assn. v. School Dist. of Sidney, 189 Neb. 540, 203 N.W.2d 762 (1973).
A labor organization may invoke the jurisdiction of the Court of Industrial Relations in behalf of its affected members. Mid-Plains Education Assn. v. Mid-Plains Nebraska Tech. College, 189 Neb. 37, 199 N.W.2d 747 (1972).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-839 - Changes made by Laws 2011, LB397; applicability.

48-839.
Changes made by Laws 2011, LB397; applicability.
Changes made to the Industrial Relations Act by Laws 2011, LB397, shall apply to petitions filed with the commission on or after October 1, 2011, except for petitions filed involving school districts, educational service units, and community colleges with their certificated and instructional employees for which such changes shall apply on or after July 1, 2012.
Source
Laws 2011, LB397, § 16.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-842 - State employees; jurisdiction of commission; restricted.

48-842.
State employees; jurisdiction of commission; restricted.
The jurisdiction of the Commission of Industrial Relations to establish salary or base salary levels or other terms of compensation for state employees shall not be invoked before the end of the 1987 regular session of the Legislature and if so invoked shall only be effective beginning with fiscal year 1987-88 and each fiscal year thereafter. The Legislature may, during the 1987 regular session, prohibit by law any order of the Commission of Industrial Relations relating to state employees for fiscal year 1987-88 if it finds such order will be inconsistent with any legislation passed during the 1987 regular session dealing with collective bargaining by state employees. The Legislature hereby finds and declares that the State Employees Collective Bargaining Act is inconsistent with an order relating to state employees for fiscal year 1987-88 and therefor such orders shall be prohibited.
Source
Laws 1986, LB 1250, § 3;
Laws 1987, LB 661, § 31.
Cross References
State Employees Collective Bargaining Act, see section 81-1369.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-901 - Public policy.

48-901.
Public policy.
The public policy of the state as to employment relations in the furtherance of which sections 48-901 to 48-912 are passed is declared to be as follows:
(1) It recognizes that there are three major interests involved, namely: That of the public, the employee, and the employer. These three interests are to a considerable extent interrelated. It is the policy of the state to protect and promote each of these interests with due regard to the situation and to the rights of the others.
(2) Industrial peace, regular and adequate income for the employee, and uninterrupted production of goods and services are promotive of all of these interests. They are largely dependent upon the maintenance of fair, friendly and mutually satisfactory employment relations and the availability of suitable machinery for the peaceful adjustment of whatever controversies may arise. It is recognized that certain employers, including farmers and farmer cooperatives, in addition to their general employer problems, face special problems arising from perishable commodities and seasonal production which require adequate consideration. It is also recognized that whatever may be the rights of disputants with respect to each other in any controversy regarding employment relations, they should not be permitted, in the conduct of their controversy, to intrude directly into the primary rights of third parties to earn a livelihood, transact business and engage in the ordinary affairs of life by any lawful means and free from molestation, interference, restraint or coercion.
(3) Negotiation of terms and conditions of work should result from voluntary agreement between employer and employee. For the purpose of such negotiation an employee has the right, if he desires, to associate with others in organizing and bargaining collectively through representatives of his own choosing, without intimidation or coercion from any source.
(4) It is the policy of the state, in order to preserve and promote the interests of the public, the employee, and the employer alike, to establish standards of fair conduct in employment relations and to provide a convenient and expeditious method through the courts by which these interests may have their respective rights and obligations adjudicated. While limiting individual and group rights of aggression and defense, the state substitutes processes of justice for the more primitive methods of trial by combat.
Source
Laws 1959, c. 231, § 1, p. 806.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-902 - Terms, defined.

48-902.
Terms, defined.
As used in sections 48-901 to 48-912, unless the context otherwise requires:
(1) Labor organization shall mean any organization, association, or group of any kind, or any agency or employee representation committee or plan, whether incorporated or unincorporated, which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work;
(2) Labor dispute shall mean any controversy between an employer and the majority of his or her employees concerning the right or process or details of collective bargaining or the designation of an employee representative. Any organization with which either the employer or such majority is affiliated may be considered a party to the labor dispute;
(3) Employer shall mean a person who engages the services of an employee, and includes any person acting on behalf of an employer within the scope of his or her authority, express or implied, but shall not include the state or any political subdivision thereof, or any labor organization or anyone acting in behalf of such organization other than when it is acting as an employer in fact;
(4) Person shall include one or more individuals, partnerships, limited liability companies, associations, corporations, legal representatives, trustees, or receivers; and
(5) Secondary boycott shall mean combining or conspiring to cause or threaten to cause injury to one with whom no labor dispute exists, whether by (a) withholding patronage, labor, or other beneficial business intercourse, or by intentionally and unreasonably hindering or delaying the same, (b) picketing, (c) refusing to handle, install, use, or work on particular materials, equipment, or supplies, (d) hindering or preventing, by threats, intimidation, force, coercion or sabotage, the obtaining, use, or disposition of materials, equipment, or services, or (e) by any other unlawful means, in order to bring him or her against his or her will into a concerted plan to coerce or inflict damage upon another.
Source
Laws 1959, c. 231, § 2, p. 808;
Laws 1993, LB 121, § 295.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-903 - Secondary boycott; unlawful.

48-903.
Secondary boycott; unlawful.
It shall be unlawful for any person to engage in a secondary boycott as herein defined, notwithstanding the provisions of any contract to the contrary;
Provided,
that nothing herein shall prevent sympathetic strikes in support of those in similar occupations working for other employers in the same craft.
Source
Laws 1959, c. 231, § 3, p. 809.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-904 - Employees' right of self-organization.

48-904.
Employees' right of self-organization.
Employees shall have the right of self-organization and the right to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection; and such employees shall also have the right to refrain from any or all of such activities.
Source
Laws 1959, c. 231, § 4, p. 809.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-905 - Secondary boycott; injury to business, property, or person; damages.

48-905.
Secondary boycott; injury to business, property, or person; damages.
Any person injured in his business, property or person by reason of any unlawful act as defined in section 48-903, may sue therefor in the district courts of this state, and shall recover the damages sustained by him, trebled, his reasonable attorneys' fees and the cost of the litigation.
Source
Laws 1959, c. 231, § 5, p. 809.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-906 - Secondary boycott; temporary injunction; grounds.

48-906.
Secondary boycott; temporary injunction; grounds.
Any person injured or threatened with injury in his business, property or person by reason of any commission or threat of an unlawful act as provided in section 48-903 may, if the remedy provided by section 48-905 be inadequate, obtain injunctive relief, including temporary relief pending trial upon showing of an emergency, in the district courts of this state in accordance with the statutes, rules and practices applicable in other civil cases.
Source
Laws 1959, c. 231, § 6, p. 809.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-908 - Remedies; venue; process.

48-908.
Remedies; venue; process.
An action under sections 48-901 to 48-912 may be brought in the district court of the county where the cause of action or some part thereof arose, or in the county where the defendant labor organization, or some one of the defendant labor organizations, maintains an office, or in which its agents are engaged in acting for or representing employees or in the county where the plaintiff resides and summons may be served upon the defendant labor organization or some one of the defendant labor organizations.
Source
Laws 1959, c. 231, § 8, p. 809.
Cross References
For other provisions for actions against labor organizations, see sections 25-313 and 25-530.08.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-909 - Labor organization; suits against; designation.

48-909.
Labor organization; suits against; designation.
In any action brought under sections 48-901 to 48-912, any labor organization may be sued in its own name and without identification of any of the persons who are its members.
Source
Laws 1959, c. 231, § 9, p. 810;
Laws 1983, LB 447, § 73.
Cross References
For other provisions for actions against labor organizations, see sections 25-313 and 25-530.08.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-910 - Sections; violations; penalty.

48-910.
Sections; violations; penalty.
Any individual, association, or corporation that shall violate any of the provisions of sections 48-901 to 48-912 shall be guilty of a Class II misdemeanor.
Source
Laws 1959, c. 231, § 10, p. 810;
Laws 1977, LB 40, § 299.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-911 - Right to strike; right to work; freedom of speech.

48-911.
Right to strike; right to work; freedom of speech.
Except as otherwise specifically provided, nothing contained in sections 48-901 to 48-912 shall be construed so as to interfere with or impede or diminish in any way the right to strike or the right of individuals to work; nor shall anything in sections 48-901 to 48-912 be so construed as to invade unlawfully the right to freedom of speech.
Source
Laws 1959, c. 231, § 11, p. 810.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-912 - Sections; construction.

48-912.
Sections; construction.
It is the intention of the Legislature that sections 48-901 to 48-912 shall operate according to their terms to the full extent permitted by the Constitutions of the State of Nebraska and of the United States of America. In the event any section or part of sections 48-901 to 48-912, or the application thereof to any person or situation shall be held unconstitutional, sections 48-901 to 48-912 shall nevertheless continue in full effect with respect to all parts and applications thereof not so held to be unconstitutional.
Source
Laws 1959, c. 231, § 12, p. 810.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1001 - Act, how cited; discrimination in employment because of age; policy; declaration of purpose.

48-1001.
Act, how cited; discrimination in employment because of age; policy; declaration of purpose.
(1) Sections 48-1001 to 48-1010 shall be known and may be cited as the Age Discrimination in Employment Act.
(2)(a) The Legislature hereby finds that the practice of discriminating in employment against properly qualified persons because of their age is contrary to American principles of liberty and equality of opportunity, is incompatible with the Constitution, deprives the state of the fullest utilization of its capacities for production, and endangers the general welfare.
(b) Hiring bias against workers forty years or more of age deprives the state of its most important resource of experienced employees, adds to the number of persons receiving public assistance, and deprives older people of the dignity and status of self-support.
(c) The right to employment otherwise lawful without discrimination because of age, where the reasonable demands of the position do not require such an age distinction, is hereby recognized as and declared to be a right of all the people of the state which shall be protected as provided in the act.
(d) It is hereby declared to be the policy of the state to protect the right recognized and declared in subdivision (2)(c) of this section and to eliminate all such discrimination to the fullest extent permitted. The Age Discrimination in Employment Act shall be construed to effectuate such policy.
Source
Laws 1963, c. 281, § 1, p. 838;
Laws 1972, LB 1357, § 1;
Laws 2007, LB265, § 13.
Annotations
In an age discrimination suit brought under the Act Prohibiting Unjust Discrimination in Employment Because of Age, the jury is not to be instructed on the elements which constitute a submissible case. Although the ultimate burden of persuasion by a preponderance of the evidence in an age discrimination action at all times remains with plaintiff, the method of proof is for plaintiff to prove a prima facie case; if plaintiff succeeds in proving a prima facie case, defendant has the burden of articulating some legitimate, nondiscriminatory reason for its action. Should defendant succeed in so doing, plaintiff must establish by a preponderance of the evidence that the legitimate reasons offered by defendant were not its true reasons, but a pretext for discrimination. Humphrey v. Nebraska Public Power Dist., 243 Neb. 872, 503 N.W.2d 211 (1993).
Persons seeking relief under this section must allege a violation by an employer of 25 or more persons. Steier v. Crosier Fathers of Hastings, 242 Neb. 16, 492 N.W.2d 870 (1992).
The federal practice for cases arising under the federal Age Discrimination in Employment Act of 1967, 29 U.S.C. sec. 621 et seq. (1982), may be instructive as to cases arising under the subject act. Allen v. AT&T Technologies, 228 Neb. 503, 423 N.W.2d 424 (1988).
The state, through its Legislature, has acted to prohibit unjust discrimination in employment because of age. Midwest Employers Council, Inc. v. City of Omaha, 177 Neb. 877, 131 N.W.2d 609 (1964).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1002 - Terms, defined.

48-1002.
Terms, defined.
For purposes of the Age Discrimination in Employment Act:
(1) Person includes one or more individuals, partnerships, limited liability companies, associations, labor organizations, corporations, business trusts, legal representatives, or any organized group of persons;
(2) Employer means any person having in his or her employ twenty or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year and includes the State of Nebraska, governmental agencies, and political subdivisions, regardless of the number of employees, any person acting for or in the interest of an employer, directly or indirectly, and any party whose business is financed in whole or in part under the Nebraska Investment Finance Authority Act, but such term does not include (a) the United States, (b) a corporation wholly owned by the government of the United States, or (c) an Indian tribe;
(3) Labor organization means any organization of employees which exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms, or conditions of employment, or for other mutual aid or protection in connection with employment;
(4) Employee means an individual employed by any employer; and
(5) Employment agency means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person, but does not include an agency of the United States, except that such term does include the United States Employment Service and the system of state and local employment services receiving federal assistance.
Source
Laws 1963, c. 281, § 2, p. 839;
Laws 1972, LB 1357, § 2;
Laws 1973, LB 265, § 1;
Laws 1977, LB 162, § 20;
Laws 1983, LB 424, § 1;
Laws 1983, LB 626, § 73;
Laws 1993, LB 121, § 296;
Laws 2007, LB265, § 14.
Cross References
Nebraska Investment Finance Authority Act, see section 58-201.
Annotations
For the purpose of defining an employer under Nebraska's age discrimination act, two distinct entities may be considered a single employer if the two businesses have (1) interrelated operations, (2) centralized control of labor relations, (3) common management, and (4) common ownership or financial control. Billingsley v. BFM Liquor Mgmt., 264 Neb. 56, 645 N.W.2d 791 (2002).
Persons seeking relief under alleged violation of rights set out in section 48-1001 must be persons within the definitions set out in this section. Steier v. Crosier Fathers of Hastings, 242 Neb. 16, 492 N.W.2d 870 (1992).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1003 - Limitation on prohibitions; practices not prevented or precluded.

48-1003.
Limitation on prohibitions; practices not prevented or precluded.
(1) The prohibitions of the Age Discrimination in Employment Act shall be limited to the employment of individuals who are forty years or more of age.
(2) Nothing contained in the act shall be construed as making it unlawful for an employer, employment agency, or labor organization (a) to take action otherwise prohibited under the act when age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business, or when the differentiation is based on reasonable factors other than age, such as physical conditions; or (b) to discharge or otherwise discipline an employee for good cause.
Source
Laws 1963, c. 281, § 3, p. 839;
Laws 1972, LB 1357, § 3;
Laws 1979, LB 161, § 2;
Laws 1983, LB 424, § 2;
Laws 2007, LB265, § 15.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1005 - Violations; penalty.

48-1005.
Violations; penalty.
Any person who violates any provision of the Age Discrimination in Employment Act or who forcibly resists, opposes, impedes, intimidates, or interferes with the Equal Opportunity Commission or any of its duly authorized representatives while engaged in its, his, or her duties under the act shall be guilty of a Class III misdemeanor. No person shall be imprisoned under this section except for a second or subsequent conviction.
Source
Laws 1963, c. 281, § 5, p. 840;
Laws 1972, LB 1357, § 8;
Laws 1977, LB 40, § 300;
Laws 2007, LB265, § 17.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1007 - Equal Opportunity Commission; enforcement; powers.

48-1007.
Equal Opportunity Commission; enforcement; powers.
The Age Discrimination in Employment Act shall be administered by the Equal Opportunity Commission as established by section 48-1116. The commission shall have the power (1) to make delegations, to appoint such agents and employees and to pay for technical assistance, including legal assistance, on a fee-for-service basis, as it deems necessary to assist it in the performance of its functions under the act, (2) to cooperate with other federal, state, and local agencies and to cooperate with and furnish technical assistance to employers, labor organizations, and employment agencies to aid in effectuating the purposes of the act, (3) to make investigations, to issue or cause to be served interrogatories, and to require keeping of records necessary or appropriate for the administration of the act, and (4) to bring civil action in its name in any court of competent jurisdiction against any person deemed to be violating the act to compel compliance with the act or to enjoin any such person from continuing any practice that is deemed to be in violation of the act. The commission may seek judicial enforcement through the office of the Attorney General to require the answering of interrogatories and to gain access to evidence or records relevant to the charge under investigation.
Source
Laws 1972, LB 1357, § 5;
Laws 1977, LB 162, § 22;
Laws 2007, LB265, § 18.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1008 - Alleged violation; aggrieved person; complaint; investigation; civil action, when; filing, effect; written change; limitation on action; respondent; file written response; commission; powers.

48-1008.
Alleged violation; aggrieved person; complaint; investigation; civil action, when; filing, effect; written change; limitation on action; respondent; file written response; commission; powers.
(1) Any person aggrieved by a suspected violation of the Age Discrimination in Employment Act shall file with the Equal Opportunity Commission a formal complaint in such manner and form prescribed by the commission. The commission shall make an investigation and may initiate an action to enforce the rights of such employee under the provisions of the act. If the commission does not initiate an action within sixty days after receipt of a complaint, the person aggrieved may bring a civil action in any court of competent jurisdiction for such legal or equitable relief as will effectuate the purposes of the act. Filing of an action by either the commission or the person aggrieved shall be a bar to the filing of the action by the other.
(2) A written charge alleging violation of the Age Discrimination in Employment Act shall be filed within three hundred days after the occurrence of the alleged unlawful employment practice, and notice of the charge, including a statement of the date, place, and circumstances of the alleged unlawful employment practice, shall be served upon the person against whom such charge is made within ten days thereafter.
(3) A respondent shall file with the commission a written response to the written charge of violation within thirty days after service upon the respondent. Failure to file a written response within thirty days, except for good cause shown, shall result in a mandatory reasonable cause finding against the respondent by the commission. Failure by any complainant to cooperate with the commission, its investigators, or its staff, except for good cause shown, shall result in dismissal of the complaint by the commission.
(4) In connection with any investigation of a charge filed under this section, the commission or its authorized agents may, at any time after a charge is filed, issue or cause to be served interrogatories and shall have at all reasonable times access to, for the purposes of examination, and the right to copy any evidence or records of any person being investigated or proceeded against that relate to unlawful employment practices covered by the act and are relevant to the charge under investigation. The commission may seek preparation of and judicial enforcement of any legal process or interrogatories through the office of the Attorney General.
Source
Laws 1972, LB 1357, § 6;
Laws 1977, LB 162, § 23;
Laws 1983, LB 424, § 3;
Laws 2007, LB265, § 19.
Annotations
The thirty-day period herein is a condition precedent to the ripening of the cause of action of an aggrieved employee claiming age discrimination in employment. Equal Opportunity Commission v. Weyerhaeuser Co., 198 Neb. 104, 251 N.W.2d 730 (1977).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1009 - Court; jurisdiction; relief.

48-1009.
Court; jurisdiction; relief.
In any action brought to enforce the Age Discrimination in Employment Act, the court shall have jurisdiction to grant such legal or equitable relief as the court deems appropriate to effectuate the purposes of the act, including judgments compelling employment, reinstatement, or promotion, or enforcing liability for amounts deemed to be unpaid minimum wages or unpaid overtime compensation.
Source
Laws 1972, LB 1357, § 7;
Laws 2007, LB265, § 20.
Annotations
The proper procedure under this section is for the trial court to submit the damages issue to the jury, if one is empaneled, and reserve ruling on a plaintiff's requested equitable relief until after the jury renders a verdict. A trial court should then enter an order on the jury verdict and reserve entering judgment until after the court has considered any requests for equitable relief. Billingsley v. BFM Liquor Mgmt., Inc., 259 Neb. 992, 613 N.W.2d 478 (2000).
Age discrimination cases that seek mandatory injunctions as well as damages are equitable in nature. A jury empaneled in an equity case is advisory only. Synacek v. Omaha Cold Storage, 247 Neb. 244, 526 N.W.2d 91 (1995).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1010 - Suits against governmental bodies; authorized.

48-1010.
Suits against governmental bodies; authorized.
The state, governmental agencies, and political subdivisions may be sued upon claims arising under the Age Discrimination in Employment Act in the same manner as provided by such act for suits against other employers.
Source
Laws 1983, LB 424, § 4;
Laws 2007, LB265, § 21.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1103 - Exceptions to act.

48-1103.
Exceptions to act.
The Nebraska Fair Employment Practice Act shall not apply to:
(1) A religious corporation, association, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, or society of its religious activities; or
(2) The employment of any individual (a) by his or her parent, grandparent, spouse, child, or grandchild or (b) in the domestic service of any person.
Source
Laws 1965, c. 276, § 3, p. 784;
Laws 1993, LB 360, § 7.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1105 - Unlawful employment practice for employment agency.

48-1105.
Unlawful employment practice for employment agency.
It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of race, color, religion, sex, disability, marital status, or national origin, or to classify or refer for employment any individual on the basis of race, color, religion, sex, disability, marital status, or national origin.
Source
Laws 1965, c. 276, § 5, p. 785;
Laws 1973, LB 266, § 4;
Laws 1977, LB 161, § 3.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1106 - Unlawful employment practice for labor organization.

48-1106.
Unlawful employment practice for labor organization.
It shall be an unlawful employment practice for a labor organization:
(1) To exclude or to expel from its membership, or otherwise to discriminate against, any individual because of race, color, religion, sex, disability, marital status, or national origin;
(2) To limit, segregate, or classify its membership, or to classify or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect such individual's status as an employee or as an applicant for employment, because of such individual's race, color, religion, sex, disability, marital status, or national origin; or
(3) To cause or attempt to cause an employer to discriminate against an individual in violation of this section.
Source
Laws 1965, c. 276, § 6, p. 785;
Laws 1973, LB 266, § 5;
Laws 1977, LB 161, § 4.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1107 - Unlawful employment practice controlling apprenticeship or training programs.

48-1107.
Unlawful employment practice controlling apprenticeship or training programs.
It shall be an unlawful employment practice for any employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs to discriminate against any individual because of race, color, religion, sex, disability, marital status, or national origin in admission to, or employment in, any program established to provide apprenticeship or other training.
Source
Laws 1965, c. 276, § 7, p. 786;
Laws 1973, LB 266, § 6;
Laws 1977, LB 161, § 5.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1107.01 - Unlawful employment practice for covered entity.

48-1107.01.
Unlawful employment practice for covered entity.
It shall be an unlawful employment practice for a covered entity to:
(1) Discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment; or
(2) Discriminate against an individual who is pregnant, who has given birth, or who has a related medical condition in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.
Source
Laws 1993, LB 360, § 5;
Laws 2015, LB627, § 2.
Annotations
Apart from an exception for summary judgments, in a discrimination action brought under the Nebraska Fair Employment Practice Act, a court evaluates the evidence under the three-part burden-shifting framework from McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S. Ct. 1817, 36 L. Ed. 2d 668 (1973). Under that framework, (1) the plaintiff has the burden of proving a prima facie case of discrimination; (2) if the plaintiff proves a prima facie case, the burden shifts to the employer to articulate some legitimate, nondiscriminatory reason for the adverse employment action; and (3) if the employer articulates a nondiscriminatory reason for its action, the employee maintains the burden of proving that the stated reason was pretextual. Arens v. NEBCO, Inc., 291 Neb. 834, 870 N.W.2d 1 (2015).
The threshold fact of consequence in a disability discrimination action is whether the plaintiff is a qualified individual with a disability—i.e., one who can perform the essential functions of the job with or without reasonable accommodations. Arens v. NEBCO, Inc., 291 Neb. 834, 870 N.W.2d 1 (2015).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1108 - Lawful employment practices.

48-1108.
Lawful employment practices.
Notwithstanding any other provision of the Nebraska Fair Employment Practice Act:
(1) It shall not be an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify or refer for employment any individual, for a labor organization to classify its membership or to classify or refer for employment any individual, or for an employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program on the basis of religion, sex, disability, marital status, or national origin in those certain instances when religion, sex, disability, marital status, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise;
(2) It shall not be an unlawful employment practice for a school, college, university, or other educational institution or institution of learning to hire and employ employees of a particular religion if such school, college, university, or other educational institution or institution of learning is, in whole or in substantial part, owned, supported, controlled, or managed by a particular religion or by a particular religious corporation, association, or society or if the curriculum of such school, college, university, or other educational institution of learning is directed toward the propagation of a particular religion;
(3) It shall not be an unlawful employment practice for an employer to enact any bona fide health and safety standard that regulates characteristics associated with race if the employer demonstrates that:
(a) Without the implementation of such standard, it is reasonably certain that the health and safety of the applicant, employee, or other materially connected person will be impaired;
(b) The standard is adopted for nondiscriminatory reasons;
(c) The standard is applied equally; and
(d) The employer has engaged in good faith efforts to reasonably accommodate the applicant or employee; and
(4) It shall not be an unlawful employment practice for the Nebraska State Patrol, a county sheriff, a city or village police department, or any other law enforcement agency in this state or the Nebraska National Guard to impose its own dress and grooming standards.
Source
Laws 1965, c. 276, § 8, p. 786;
Laws 1973, LB 266, § 7;
Laws 1977, LB 161, § 6;
Laws 1993, LB 360, § 8;
Laws 2021, LB451, § 2.
Annotations
A classification based on sex is lawful if it is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business or enterprise. Richards v. Omaha Public Schools, 194 Neb. 463, 232 N.W.2d 29 (1975).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1108.01 - Lawful employment practices for covered entity.

48-1108.01.
Lawful employment practices for covered entity.
It shall not be an unlawful employment practice for a covered entity to:
(1) Prohibit the illegal use of drugs and the use of alcohol at the workplace by all employees;
(2) Require that employees not be under the influence of alcohol or be engaging in the illegal use of drugs at the workplace;
(3) Require employees to comply with any federal regulations concerning the use of alcohol or the illegal use of drugs which are applicable to the position of the employee or to the industry involved; or
(4) Hold an employee who engages in the illegal use of drugs or who is an alcoholic to the same qualification standards for employment or job performance and behavior that such entity holds other employees even if any unsatisfactory performance or behavior is related to the drug use or alcoholism of such employee.
Source
Laws 1993, LB 360, § 4.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1110 - National security employment; exception.

48-1110.
National security employment; exception.
Notwithstanding any other provision of the Nebraska Fair Employment Practice Act, it shall not be an unlawful employment practice for an employer to fail or refuse to hire and employ any individual for any position, for an employer to discharge any individual from any position, for an employment agency to fail or refuse to refer any individual for employment in any position, or for a labor organization to fail or refuse to refer any individual for employment in any position, if:
(1) The occupancy of such position, or access to the premises in or upon which any part of the duties of such position is performed or is to be performed, is subject to any requirement imposed in the interest of the national security of the United States under any security program in effect pursuant to or administered under any statute of the United States or any Executive Order of the President; and
(2) Such individual has not fulfilled or has ceased to fulfill that requirement.
Source
Laws 1965, c. 276, § 10, p. 787;
Laws 1993, LB 360, § 10.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1112 - Indians; preferential treatment.

48-1112.
Indians; preferential treatment.
Nothing in the Nebraska Fair Employment Practice Act shall apply to any business or enterprise on or near an Indian reservation with respect to any publicly announced employment practice of such business or enterprise under which a preferential treatment is given to any individual because he or she is an Indian living on or near a reservation.
Source
Laws 1965, c. 276, § 12, p. 788;
Laws 1993, LB 360, § 12.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1113 - Preferential treatment; when not required.

48-1113.
Preferential treatment; when not required.
Nothing in the Nebraska Fair Employment Practice Act shall be interpreted to require any employer, employment agency, labor organization, or joint labor-management committee subject to the act to grant preferential treatment to any individual or to any group because of the race, color, religion, sex, disability, marital status, or national origin of such individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of any race, color, religion, sex, disability, marital status, or national origin employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to, or employed in, any apprenticeship or other training program, in comparison with the total number or percentage of persons of such race, color, religion, sex, disability, marital status, or national origin in any community, section, or other area, or in the available work force in any community, section, or other area.
Source
Laws 1965, c. 276, § 13, p. 788;
Laws 1973, LB 266, § 9;
Laws 1977, LB 161, § 8;
Laws 1993, LB 360, § 13.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1115 - Notice of employment; preference or discrimination; race, color, religion, sex, disability, marital status, national origin; unlawful; exception.

48-1115.
Notice of employment; preference or discrimination; race, color, religion, sex, disability, marital status, national origin; unlawful; exception.
It shall be an unlawful employment practice for an employer, labor organization, or employment agency to print or publish or cause to be printed or published any notice or advertisement relating to employment by such an employer or membership in or any classification or referral for employment by such a labor organization, or relating to any classification or referral for employment by such an employment agency, indicating any preference, limitation, specification, or discrimination based on race, color, religion, sex, disability, marital status, or national origin, except that such a notice or advertisement may indicate a preference, limitation, specification or discrimination based on religion, sex, disability, marital status, or national origin when religion, sex, disability, marital status, or national origin is a bona fide occupational qualification for employment.
Source
Laws 1965, c. 276, § 15, p. 789;
Laws 1973, LB 266, § 10;
Laws 1977, LB 161, § 9.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1116 - Equal Opportunity Commission; members; appointment; term; quorum; compensation; executive director; representation.

48-1116.
Equal Opportunity Commission; members; appointment; term; quorum; compensation; executive director; representation.
There is hereby established an Equal Opportunity Commission to consist of seven members to be appointed by the Governor. Terms of members shall be three years. As the terms of the members expire, the Governor shall appoint or reappoint the members of the commission for terms of three years to succeed the members whose terms expire. The commission shall elect one member to serve as chairperson of the commission.
Four members of the commission shall constitute a quorum for the purpose of conducting the business thereof. Any action of the commission shall require at least four votes. A vacancy in the commission shall not impair the right of the remaining members to exercise all the powers of the commission.
Members of the commission shall receive fifty dollars per day for their services and shall be reimbursed for expenses incurred in the performance of their duties as provided in sections 81-1174 to 81-1177. Reimbursement shall be for not more than two regular meetings per month and not more than three training sessions for any one fiscal year. Any member of the commission may be removed by the Governor for inefficiency, neglect of duty, misconduct, or malfeasance in office after being given a written statement of the charges and an opportunity to be heard thereon.
The commission shall establish and maintain its principal office in the city of Lincoln and such other offices within the state as it may deem necessary. The commission may meet and function at any place within the state. The commission shall appoint an executive director who shall be directly responsible to the commission. The executive director may appoint such assistants, clerks, agents, and other employees as such executive director may deem necessary, fix their compensation within the limitations provided by law, and prescribe duties of such employees. The executive director may appoint additional staff as the commission deems necessary.
The Attorney General shall represent and appear for the commission in all actions and proceedings involving any question under the Nebraska Fair Employment Practice Act, the Nebraska Fair Housing Act, or section 20-123, 20-124, or 20-132 and shall aid in any investigation or hearing had under either act or any of such sections. The commission shall have an official seal which shall be judicially noticed.
Source
Laws 1965, c. 276, § 16, p. 789;
Laws 1969, c. 120, § 22, p. 552;
Laws 1977, LB 161, § 10;
Laws 1981, LB 204, § 84;
Laws 1989, LB 175, § 1;
Laws 1991, LB 825, § 49;
Laws 2020, LB381, § 39.
Cross References
Nebraska Fair Housing Act, see section 20-301.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1120.01 - Action in district court; deadline; notice by commission.

48-1120.01.
Action in district court; deadline; notice by commission.
The deadline for filing an action directly in the district court is ninety days after the complainant receives notice of the last action the commission will take on the complaint or charge. When entering the last action on the complaint or charge, the commission shall issue written notice of such ninety-day deadline to the complainant by certified mail, return receipt requested. The last action on the complaint or charge includes the issuance of the final order after hearing, the determination of reasonable cause or no reasonable cause, and any other administrative action which ends the commission's involvement with the complaint or charge.
Source
Laws 2003, LB 701, § 1.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1121 - Posting excerpts of law.

48-1121.
Posting excerpts of law.
Every employer, employment agency, and labor organization subject to the Nebraska Fair Employment Practice Act shall post in a conspicuous place or places on his, her, or its premises a notice to be prepared or approved by the commission which shall set forth excerpts of the act and such other relevant information which the commission deems necessary to explain the act.
Source
Laws 1965, c. 276, § 21, p. 796;
Laws 1993, LB 360, § 16.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1122 - Contracts with state and political subdivisions; requirements.

48-1122.
Contracts with state and political subdivisions; requirements.
Every contract to which the state or any of its political subdivisions is a party shall contain a provision requiring the contractor and his subcontractors not to discriminate against any employee or applicant for employment, to be employed in the performance of such contract, with respect to his hire, tenure, terms, conditions, or privileges of employment, because of his race, color, religion, sex, disability, or national origin.
Source
Laws 1965, c. 276, § 22, p. 797;
Laws 1973, LB 266, § 13.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1123 - Violations; penalty.

48-1123.
Violations; penalty.
Any person, employer, labor organization, or employment agency who or which willfully resists, prevents, impedes, or interferes with the commission or any of its members or representatives in the performance of duty under the Nebraska Fair Employment Practice Act or willfully violates an order of the commission shall be guilty of a Class III misdemeanor. Procedure for the review of the order shall not be deemed to be such willful conduct.
Source
Laws 1965, c. 276, § 23, p. 797;
Laws 1977, LB 40, § 302;
Laws 1993, LB 360, § 17.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1124 - Construction of act.

48-1124.
Construction of act.
Nothing contained in the Nebraska Fair Employment Practice Act shall be deemed to repeal any of the provisions of the civil rights law, any other law of this state, or any municipal ordinance relating to discrimination because of race, creed, color, religion, sex, disability, or national origin.
Source
Laws 1965, c. 276, § 24, p. 797;
Laws 1973, LB 266, § 14;
Laws 1993, LB 360, § 18.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-1125 - Act, how cited.

48-1125.
Act, how cited.
Sections 48-1101 to 48-1125 shall be known and may be cited as the Nebraska Fair Employment Practice Act.
Source
Laws 1965, c. 276, § 26, p. 797;
Laws 1993, LB 360, § 19;
Laws 2003, LB 701, § 3.