Workplace Discrimination in Omaha, NE
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 Omaha, Nebraska workplace discrimination attorney can help. Find out how.
What Is Workplace Discrimination?
Discrimination in the workplace deals with unfair treatment. These laws can vary, depending 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.
Omaha, 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 currently have employment from a company to face qualifying acts of discrimination. For instance, say the company chose not to hire someone. If it’s because of a qualifying characteristic, the individual may be able to file a claim.
Here are some of the most common types of discrimination that occur in the Omaha, NE work 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 Omaha, NE 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.
Unfortunately, the state of Nebraska does not currently have any EEOC locations. However, the Kansas City Area Office will accept complaints in Omaha. Alternatively, the St. Louis District Office also has jurisdiction over complaints in Omaha. If mediation is unsuccessful, the EEOC will investigate your allegations. This might involve on-site visits with your employer. If the EEOC finds evidence of a violation of law, the case could end in settlement or litigation.
What Laws Protect Against Discrimination in the Workplace?
There are federal workplace discrimination laws that help to protect employees. On a federal level, Omaha 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 protections.
Let’s use an example. California is the first state where ethnic hair and the right to wear it naturally became a right with protections. In other states, employers may discriminate against natural hair because it is part of racial discrimination.
Nebraska’s Fair Employment Practices Act (FEPA) prohibits employment discrimination in Omaha and across the state. FEPA covers several protected classes, including race, color, religion, sex, disability, marital status, and national origin. In addition, Omaha workers over 40 enjoy discrimination protection under Nebraska’s Age Discrimination in Employment Act.
Title VII of the Civil Rights Act of 1964
This law prohibits employers from discriminating against employees based on race, religion, sex, color, or national origin. It generally applies to businesses with 15 or more employees, including public and private schools, as well as labor organizations. The Equal Employment Opportunity Commission (EEOC) is primarily responsible for enforcing these protections.
Nebraska created the Nebraska Equal Opportunity Commission (NEOC) by statute in 1965. The NEOC receives, investigates, and determines charges of unlawful discrimination in the areas of employment, housing, and public accommodations. Nebraska does not have a general Human or Civil Rights law, but instead has several specific laws that address discrimination in Omaha and across the state. These laws include the Nebraska Fair Housing Act and public accommodations laws.
2025 Executive Orders
On January 21, 2025, President Donald Trump signed an executive order that significantly reshaped workplace discrimination policies, particularly for businesses with federal contracts. This directive repealed Executive Order 11246, originally enacted by President Lyndon B. Johnson in 1965 to prevent federal contractors from making employment decisions based on race, color, religion, sex, sexual orientation, gender identity, or national origin.
While this change primarily affects federal contractors, it may also influence private businesses, including those in Omaha, NE. As a city with a strong presence in finance, transportation, and agriculture—industries that frequently interact with federal contracts—many Omaha-based employers may now reassess their diversity and inclusion initiatives. Without federal DEI mandates, some businesses in the area may choose to modify or reduce these programs to align with the shifting federal stance.
Despite these federal changes, workplace discrimination protections remain intact. Title VII of the Civil Rights Act of 1964 continues to prohibit employment discrimination nationwide, and Nebraska’s Fair Employment Practice Act ensures that workers in Omaha and across the state still have legal avenues to challenge workplace bias and unfair treatment.
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: The Equal Pay Act of Nebraska protects Omaha employees from wage discrimination based on sex. The Act refers to employees who do comparable work on jobs that have comparable requirements.
- California: The CROWN Act – Bans employers from discriminating against ethnic hair.
- New York: Human Rights Law – Prohibits discrimination.. Includes expansions to include ethnic hair, sexual orientation, and gender identity as characteristics with protections
- Washington: Washington State Law Against Discrimination – Makes discrimination illegal, including discrimination against disabled people who rely on service animals
What Is the Workplace Discrimination Process Like?
Filing a claim for workplace discrimination in Omaha, Nebraska can be a tricky process given the number of potential laws in play. This is especially the case when the characteristics with protections only qualify under state law. The EEOC enforces federal workplace discrimination laws. In some cases, individual state labor departments handle the claims that only qualify under state law.
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.
Omaha, NE 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 in the issue.
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 may involve interviewing the Omaha employee, employer, and other employees at the same place of business. However, it may also include anyone else who may have relevant information. The agency determines that the claim is valid and discrimination did take place. The next step is generally to work for settlement or mediation. For this reason, both parties may have an incentive to work out a compromise.
Still, it might be necessary to file a lawsuit with the appropriate court. This is especially true if the parties cannot settle on the employee’s behalf. If that’s the case, an attorney issues what is known as a “Right To Sue” letter. This letter gives the employee suffering from discrimination the right to sue on their own accord.
As an Omaha employee, you have the right to appeal the EEOC’s determination of your case. You must submit an appeal within 30 days of the final decision. For convenience, you may submit the appeal through the EEOC Public Portal. Alternatively, you can submit the appeal by mail, or in person at the Office of Federal Operations in Washington, D.C.
Work With an Experienced Workplace Discrimination Lawyer In Omaha, Nebraska
Consider hiring a Omaha lawyer who specializes in discrimination 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. Omaha, NE 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 Omaha? Start with a case review.
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.