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Sexual harassment is a form of unlawful discrimination that violates state and federal laws. In Nebraska, sexual harassment can occur in the workplace, schools, housing, and other settings. It generally includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Sexual harassment can seriously impact an individual’s employment, education, or well-being and may create a hostile or intimidating environment.
Individuals may need legal help with sexual harassment for several reasons. You might be facing harassment at work from a supervisor, coworker, or even a customer, and your employer has failed to take appropriate action. Sometimes, reporting harassment can lead to retaliation, such as being fired, demoted, or experiencing changes in your job duties. Legal counsel is also valuable if your complaint has not been addressed promptly or properly, or if you have suffered emotional distress, lost income, or damage to your career or reputation. Additionally, you may need help understanding your rights, filing a complaint with the proper authorities, negotiating settlements, or pursuing a lawsuit.
Nebraska law protects individuals from sexual harassment under several statutes. The Nebraska Fair Employment Practice Act (NFEPA) prohibits sexual harassment in the workplace and applies to employers with 15 or more employees. This law is similar to federal protections found in Title VII of the Civil Rights Act of 1964, which also bans sexual harassment nationwide. Nebraska’s laws require employers to maintain a workplace free of harassment and to take prompt action when complaints are made. The Nebraska Equal Opportunity Commission (NEOC) is the main agency responsible for enforcing these laws and investigating complaints of sexual harassment.
Key aspects of Nebraska’s sexual harassment laws include:
Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that affects employment, creates a hostile environment, or involves retaliation for rejecting advances.
You can file a complaint against any individual or employer in Nebraska who has engaged in unlawful sexual harassment, including supervisors, coworkers, or others in the workplace, educational institutions, or housing providers.
Complaints can be filed with the Nebraska Equal Opportunity Commission (NEOC) or the Equal Employment Opportunity Commission (EEOC), depending on the circumstances. There are time limits, so acting promptly is important.
Report the harassment to your employer or human resources department as soon as possible. If no action is taken, or if you experience retaliation, contact NEOC or EEOC and consider seeking legal advice.
Employers must provide a workplace free from harassment, investigate complaints, and take corrective action. They must also protect employees from retaliation for reporting or participating in investigations.
It is illegal for an employer to retaliate against you for reporting sexual harassment or participating in an investigation. Retaliation can include termination, demotion, pay cuts, or other adverse actions.
Yes, complaints with the NEOC must generally be filed within 300 days of the last act of harassment. Federal deadlines with the EEOC may differ slightly. Prompt filing is recommended.
Yes, schools and housing providers must also comply with laws against sexual harassment. Complaints can be filed with appropriate authorities or agencies for educational or housing discrimination.
Keep detailed records of incidents, including dates, times, locations, and descriptions of what happened. Save any communications, such as emails or messages, and identify witnesses if possible.
A lawyer can help assess your situation, gather evidence, file complaints, negotiate with your employer, and represent you in hearings or court. Legal counsel increases your chances of a fair outcome and can help secure compensation for harm suffered.
Several Nebraska and federal agencies and organizations offer support, information, and assistance for those dealing with sexual harassment:
If you believe you have been a victim of sexual harassment in Nebraska, it is important to act quickly. Begin by documenting any incidents and saving evidence. Report the situation to your employer, school, or housing provider if possible. If you do not receive a satisfactory response, or if you fear retaliation, consider reaching out to NEOC, the EEOC, or one of the local support organizations listed above. Consulting with an experienced sexual harassment attorney is often the best way to understand your rights and options. A lawyer can help guide you through the process of filing a complaint, negotiating with the responsible party, or, if necessary, pursuing legal action in court.
