Workplace Discrimination in Nebraska
Discrimination is an all-too-familiar scenario for many in the workplace. Likewise, it is also the most common type of workplace lawsuit that workers file. An experienced Nebraska workplace discrimination attorney can help. Find out how.
What Is Workplace Discrimination?
Discrimination in the workplace deals with unfair treatment. These laws find their basis on factors such as race, gender, sexual orientation, physical disability, physical qualities, or age. Workplace discrimination can occur between employees or between employers and existing or prospective employees.
Nebraska Labor laws make some types of workplace discrimination illegal. If illegal discrimination occurs, workers may be able to file a workplace discrimination lawsuit. A worker does not need to current ly have employment from a company to face qualifying discrimination. For instance, the company chose not to hire someone. If it’s because of a qualifying characteristic, the individual may become entitled to a claim.
Here are some of the most common types of discrimination that occur in the Nebraskawork environment:
- Choosing not to hire someone because of their disability
- Choosing not to promote someone because of their race
- Excluding someone from a project because management says they’re too old
- Making misogynistic comments about women
- Deliberately paying men more than women because the boss values their work more
Should You File a Complaint With the HR Department or the EEOC?
Most Nebraska companies have a human resources department and discrimination in the workplace falls within their portfolio. For that reason, raising concerns with the appropriate HR representative may include filing a written report, a possible sit-down interview, and an investigation.
Sometimes a company does not have a human resources department and there are no policies in place. To resolve the issue, you might take your concerns directly to the Equal Employment Opportunity Commission. They can assist you in investigating the claim and possibly filing a lawsuit.
You may only have 180 days to file your complaint with the EEOC. However, in some cases, an extension to 300 days is possible. Unfortunately, there is no EEOC Field Office in Nebraska, but you can make your complaint by phone or online. The EEOC will investigate your allegations and determine whether mediation, settlement, or litigation is appropriate.
What Laws Protect Against Discrimination in the Workplace?
There are federal workplace discrimination laws that help to protect employees. On a federal level, Nebraska employees have protections from discrimination under Title VII of the Civil Rights Act of 1964. However, many states have even stronger laws that offer additional protection.
Let’s take an example. California became the first state where ethnic hair and the right to wear it naturally became a right. In other states, employers may discriminate against natural hair because of racial discrimination.
Nebraska’s Fair Employment Practices Act (FEPA) prohibits discrimination in hiring and employment. For the most part, the state laws parallel federal anti-discrimination laws. Employers cannot discriminate based on race, sex, religion, or other protected classes. In addition, the Age Discrimination in Employment Act protects Nebraska job applicants over 40 from hiring bias.
Title VII of the Civil Rights Act of 1964
This specifically prohibits employers from discriminating against employees on the basis of race, religion, sex, color, or national origin. It typically applies to organizations with 15 or more employees. It also applies to schools (both public and private) and labor organizations. The EEOC’s primary responsibility is enforcing this law.
Nebraska does not have a general Human or Civil Rights law, but instead has several specific laws that address discrimination. In addition to FEPA and the Age Act, the Equal Pay Act protects Nebraska employees from wage discrimination. Furthermore, additional anti-discrimination statutes are present in the Nebraska Fair Housing Act and public accommodations laws.
Other Notable Applicable Federal Discrimination Laws
- Equal Pay Act (EPA) – Deals with equal pay act for men and women
- Age Discrimination in Employment Act (ADEA) – Protects workers aged 40 and over
- Americans with Disabilities Act – Protects employees with physical disabilities
Examples of State Workplace Discrimination Laws
- Nebraska: a 2019 law prohibits discrimination against employees who discuss, disclose, or inquire about wages or compensation with other company employees. However, the law does not include disclosures to competitors or the general public.
- California: The CROWN Act – Bans employers from discriminating against ethnic hair.
- New York: Human Rights Law – Prohibits discrimination. It includes protections for ethnic hair, sexual orientation, and gender identity as protected characteristics
- Washington: Washington State Law Against Discrimination – Makes discrimination illegal, including discrimination against people with disabilities who rely on service animals
What Is the Workplace Discrimination Process Like?
Filing a workplace discrimination claim in can be complex due to the various laws involved. The process can become particularly tricky when the discrimination falls under state-specific protections rather than federal law. While the EEOC enforces federal discrimination laws, claims that only meet the criteria under state law may be handled by the state’s labor department.
Filing a Claim
When it comes to federal claims, workers have about 180 days to file, to remain within the statute of limitations. Time is of the essence with discrimination claims. It’s a good idea to hire a discrimination lawyer to help from the beginning.
Nebraska Claimants also need to provide some basic information with their claim. Depending on the agency, the employer’s name, the name(s) of involved parties, and a description of the incident. It will also include the contact information for everyone involved.
Once the investigation has begun, the agency may request more information. They generally give you ample time and opportunity to produce said information if this happens.
Investigating the Claim
The investigation process often includes interviews with the employee, employer, coworkers, and others who may have relevant information. If the agency finds the claim valid and determines discrimination occurred, the next step typically involves pursuing a settlement or mediation. Both parties are often motivated to reach a compromise during this phase.
If a resolution cannot be reached, it may be necessary to escalate the case to court. In such situations, an attorney can issue a “Right to Sue” letter, allowing the employee to take legal action independently to address the discrimination they faced.
If the Nebraska Equal Opportunity Commission does not find merit or evidence in your claim, they will reach a determination of No Reasonable Cause. Unfortunately, there is no administrative appeal process for this determination. If you wish to pursue the matter further, your only option is to file a lawsuit in either state or federal court.
Work With an Experienced Workplace Discrimination Lawyer in Nebraska
Consider hiring a lawyer who specializes in discrimination in Nebraska as soon as the incident takes place. Experts often recommend that you resolve the issue internally through the proper HR channels. On the other hand, many employers mishandle these cases.
If you are considering a lawsuit, an attorney becomes even more necessary. Nebraska discrimination attorneys can help you with the paperwork, prepare you for depositions, and find corroborating witnesses to support your claim.
If the court rules in your favor, you might become entitled to several different compensatory benefits:
- Back pay
- Promotion
- Reinstatement
- Front pay
- Reasonable accommodations
- Payment of attorney’s fees, court costs, and expert witness fees
Are you ready to find out if you are eligible for these benefits in Nebraska? Start with a case review. We can even help you connect with an attorney across Nebraska state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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