Text of NE LB 1330 (2024)

LEGISLATURE OF NEBRASKA ONE HUNDRED EIGHTH LEGISLATURE SECOND SESSION LEGISLATIVE BILL 1330 Introduced by Murman, 38; Aguilar, 35; Albrecht, 17; Bostelman, 23; Brewer, 43; Clements, 2; Erdman, 47; Halloran, 33; Hansen, 16; Hardin, 48; Holdcroft, 36; Ibach, 44; Lippincott, 34; Lowe, 37; Meyer, 41. Read first time January 17, 2024 Committee: A BILL FOR AN ACT relating to public educational institutions; to define 1 terms; to prohibit public educational institutions from taking 2 certain actions relating to diversity, equity, and inclusion; and to 3 provide for injunctive relief. 4 Be it enacted by the people of the State of Nebraska, 5 LB1330 2024 LB1330 2024 -1- Section 1. (1) For purposes of this section: 1 (a) Diversity, equity, and inclusion program means a program that 2 requires an employee of a public educational institution to participate 3 in or attend a training, orientation, workshop, therapy session, or 4 similar activity that focuses on any of the following: 5 (i) Describing structures, systems, relations of power, privilege, 6 or subordination on the basis of race, sex, color, gender, ethnicity, 7 gender identity, or sexual orientation; 8 (ii) Describing methods to identify, dismantle, or oppose any such 9 structure, system, relation of power, privilege, or subordination; 10 (iii) Justifying differential treatment or benefit on the basis of 11 race, sex, color, gender, ethnicity, gender identity, or sexual 12 orientation; or 13 (iv) Advancing theories of unconscious or implicit bias, cultural 14 appropriation, allyship, transgenderism, microaggressions, 15 microinvalidation, group marginalization, anti-racism, systemic 16 oppression, ethnocentrism, structural racism or inequity, social justice, 17 intersectionality, neopronouns, inclusive language, heteronormativity, 18 disparate impact, gender identity or theory, racial or sexual privilege, 19 or any concept substantially related to any of these theories; and 20 (b) Public educational institution means the University of Nebraska, 21 the state colleges, and the community colleges. 22 (2) A public educational institution shall not: 23 (a) Require an employee to engage in a diversity, equity, and 24 inclusion program; 25 (b) Spend public money on a diversity, equity, and inclusion 26 program; 27 (c) Require, as a condition of a contract, participation in a 28 diversity, equity, and inclusion program; 29 (d) Spend public money to acquire services, supplies, information 30 technology, or goods for a diversity, equity, and inclusion program; 31 LB1330 2024 LB1330 2024 -2- (e) Establish, support, sustain, or employ an office or individual 1 whose duties include coordinating, creating, developing, designing, 2 implementing, organizing, planning, or promoting diversity, equity, and 3 inclusion programs; 4 (f) Except as required by federal law: 5 (i) Advance or adopt any policy or procedure designed to influence 6 the composition of its workforce on the basis of race, sex, or color; or 7 (ii) Advance or adopt any policy or procedure designed or 8 implemented on the basis of race, sex, or color; or 9 (g) Promote or adopt any theory of unconscious or implicit bias, 10 cultural appropriation, allyship, transgenderism, microaggressions, 11 microinvalidation, group marginalization, anti-racism, systemic 12 oppression, ethnocentrism, structural racism or inequity, social justice, 13 intersectionality, neopronouns, inclusive language, heteronormativity, 14 disparate impact, gender identity or theory, racial or sexual privilege, 15 or any related theory as the official position of the public educational 16 institution. 17 (3) An employee of a public educational institution who is required 18 to participate in a diversity, equity, and inclusion program may bring an 19 action against the public educational institution. If the employee 20 demonstrates that the public educational institution violated this 21 section, the employee is entitled to injunctive relief. 22 (4) This section does not preclude a public educational institution 23 from: 24 (a) Offering training on sexual harassment; or 25 (b) Operating an office staffed by, or employing, licensed attorneys 26 and legal support staff whose sole purpose is ensuring compliance with 27 federal law or an applicable court order. 28 LB1330 2024 LB1330 2024 -3-