Best Discrimination Lawyers in Nebraska

About Discrimination Law in Nebraska, United States

Discrimination laws in Nebraska are designed to protect individuals from unfair treatment based on certain protected characteristics. Discrimination can occur in multiple settings, such as the workplace, housing, public accommodations, education, or access to loans and credit. Both federal and state laws provide rights and remedies to individuals who believe they have been discriminated against due to factors like race, color, religion, sex, disability, national origin, age, marital status, or familial status. Nebraska's protections often mirror those found in federal law, but sometimes provide broader or more specific coverage based on the state's own statutes and case law.

Why You May Need a Lawyer

Discrimination claims can be complex and emotionally distressing. You may need a lawyer if:

• You believe you were denied a job, promotion, or fair treatment at work due to a protected characteristic.
• You have been harassed at work, in housing, or while seeking services, and the harassment is based on a protected characteristic.
• You have been denied housing, evicted, or treated unfairly by a landlord or real-estate agent for discriminatory reasons.
• You experienced discrimination in public accommodations or while accessing services.
• You received a disciplinary action or termination that you suspect is related to your membership in a protected group.
• You face retaliation for reporting discrimination or participating in an investigation.

A lawyer can help you assess whether you have a legal claim under Nebraska or federal law, navigate agency processes, and build a strong case with evidence and strategy. Legal professionals are also able to negotiate settlements or represent you in administrative proceedings and court if necessary.

Local Laws Overview

Nebraska’s main discrimination statutes are found in the Nebraska Fair Employment Practice Act (FEPA), the Nebraska Age Discrimination in Employment Act, and the Nebraska Fair Housing Act. These laws are enforced by the Nebraska Equal Opportunity Commission (NEOC) along with federal agencies such as the Equal Employment Opportunity Commission (EEOC) and the Department of Housing and Urban Development (HUD).

• The Nebraska Fair Employment Practice Act prohibits discrimination in employment on the basis of race, color, religion, sex, disability, marital status, or national origin. Employers with 15 or more employees are covered.
• The Nebraska Age Discrimination in Employment Act protects individuals 40 years of age and older.
• The Nebraska Fair Housing Act provides protections similar to the federal Fair Housing Act, covering discrimination in the sale, rental, or financing of dwellings.
• Cities such as Lincoln and Omaha have additional local ordinances that may further expand protections, including those covering sexual orientation and gender identity.
• You may need to file a charge with the NEOC before pursuing court action, and strict time limits often apply.

Frequently Asked Questions

What types of discrimination are prohibited in Nebraska?

Nebraska law prohibits discrimination based on race, color, religion, sex, disability, national origin, marital status, and age in employment situations. In housing, protections also extend to familial status. Some local ordinances may protect additional categories.

Does Nebraska law protect against sexual orientation or gender identity discrimination?

State law does not explicitly mention sexual orientation or gender identity, but some local ordinances, such as in Lincoln and Omaha, do. Additionally, the U.S. Supreme Court has ruled that discrimination based on sexual orientation or gender identity is covered under federal law’s prohibition of sex discrimination in employment.

How long do I have to file a discrimination complaint in Nebraska?

Generally, you have 300 days from the date of the discriminatory act to file a charge with the Nebraska Equal Opportunity Commission. Federal laws may have different deadlines, so it is important to act promptly.

What should I do if I experience discrimination at work?

Document the incident, report it to your employer or HR department, and seek legal advice promptly. You may also consider filing a complaint with the NEOC.

What types of damages can I recover in a discrimination case?

You may be entitled to remedies such as back pay, reinstatement, benefits, compensatory damages, punitive damages (in some cases), and attorneys' fees, depending on the facts and law involved.

Can I be fired for reporting discrimination?

It is illegal for an employer to retaliate against you for filing a discrimination complaint or supporting someone else’s claim. If you face retaliation, you may also have a separate legal claim.

Is there a cost to file a discrimination claim?

There is generally no fee to file a complaint with the NEOC or EEOC. However, pursuing a claim in court may incur costs, and attorney fees may apply.

Do Nebraska laws apply to all employers?

The Nebraska Fair Employment Practice Act applies to employers with 15 or more employees. Some smaller employers may not be covered, but federal or local laws may still apply.

Can I sue my employer directly for discrimination?

Typically, you must first file a charge of discrimination with the NEOC or the EEOC before you are allowed to file a lawsuit in court. This administrative process is called “exhausting administrative remedies.”

Where can I get help if I believe my rights have been violated?

You can contact the Nebraska Equal Opportunity Commission, local advocacy groups, or consult with a licensed attorney specializing in discrimination law.

Additional Resources

• Nebraska Equal Opportunity Commission (NEOC) - The state agency that enforces most state discrimination laws and processes complaints.
• Equal Employment Opportunity Commission (EEOC) - The federal agency for workplace discrimination cases.
• U.S. Department of Housing and Urban Development (HUD) - Handles housing discrimination issues.
• Legal Aid of Nebraska - Provides free or low-cost legal assistance to eligible clients.
• Local organizations and civil rights groups - Can offer support, education, and advocacy services.
• City or county human rights commissions - In Omaha, Lincoln, and other municipalities, these commissions may have additional protections or complaint processes.

Next Steps

If you believe you have experienced discrimination in Nebraska, take the following steps:

• Document any incidents or evidence related to the discrimination, including dates, times, witnesses, and communications.
• Report the issue through your employer’s or housing provider’s grievance process when possible.
• Contact the Nebraska Equal Opportunity Commission to inquire about your rights and file a formal complaint if appropriate.
• Consult a qualified attorney who specializes in discrimination law for advice on your legal options.
• Be aware of any filing deadlines to ensure your claim is not dismissed due to lateness.
• Keep records of all communications and steps taken in case further legal action becomes necessary.
• Use support organizations for guidance, referral, and emotional support throughout the process.

Prompt action can help preserve your rights and ensure that you have the strongest possible case if you decide to pursue a legal claim.