Text of NE LB 552 (2026)
Prohibit public postsecondary educational institutions from having a diversity, equity, and inclusion office and taking certain actions relating to diversity, equity, and inclusion
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As introduced
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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 552
Introduced by Lippincott, 34.
Read first time January 22, 2025
Committee:
A BILL FOR AN ACT relating to postsecondary education; to define terms;
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and to prohibit public postsecondary educational institutions from
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having a diversity, equity, and inclusion office and taking certain
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actions related to diversity, equity, and inclusion.
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Be it enacted by the people of the State of Nebraska,
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Section 1. (1) For purposes of this section:
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(a) Appropriate governing board means the Board of Regents of the
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University of Nebraska, the Board of Trustees of the Nebraska State
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Colleges, or the governing board of any community college in relation to
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such board's respective public postsecondary educational institution;
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(b) Diversity, equity, and inclusion office means an office,
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division, or other unit of a public postsecondary educational institution
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established for the purpose of:
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(i) Influencing hiring or employment practices of the public
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postsecondary educational institution with respect to race, sex, color,
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ethnicity, gender identity, or sexual orientation other than through the
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use of color-blind and sex-neutral hiring processes in accordance with
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state and federal antidiscrimination laws;
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(ii) Promoting differential treatment of or providing special
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benefits to individuals on the basis of race, color, ethnicity, gender
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identity, or sexual orientation;
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(iii) Promoting policies or procedures designed or implemented in
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reference to race, color, ethnicity, gender identity, or sexual
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orientation, other than policies or procedures developed by an attorney
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and approved in writing by the appropriate governing board for the sole
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purpose of ensuring compliance with any applicable court order or state
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or federal law; or
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(iv) Conducting diversity, equity, and inclusion programs designed
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or implemented in reference to race, color, ethnicity, gender identity,
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or sexual orientation, other than programs developed by an attorney and
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approved in writing by the appropriate governing board for the sole
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purpose of ensuring compliance with any applicable court order or state
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or federal law;
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(c) Diversity, equity, and inclusion program means a program that
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requires an employee of a public postsecondary educational institution to
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participate in or attend a training, orientation, workshop, therapy
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session, or similar activity that focuses on any of the following:
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(i) Describing structures, systems, relations of power, privilege,
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or subordination on the basis of race, sex, color, gender, ethnicity,
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gender identity, or sexual orientation;
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(ii) Describing methods to identify, dismantle, or oppose any such
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structure, system, relation of power, privilege, or subordination;
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(iii) Justifying differential treatment or benefit on the basis of
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race, sex, color, gender, ethnicity, gender identity, or sexual
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orientation; or
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(iv) Advancing theories of unconscious or implicit bias, cultural
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appropriation,
allyship,
transgenderism,
microaggressions,
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microinvalidation,
group
marginalization,
anti-racism,
systemic
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oppression, ethnocentrism, structural racism or inequity, social justice,
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intersectionality, neopronouns, inclusive language, heteronormativity,
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disparate impact, gender identity or theory, racial or sexual privilege,
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or any concept substantially related to any of these theories; and
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(d)
Public
postsecondary
educational
institution
means
the
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University of Nebraska, the state colleges, and the community colleges.
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(2) A public postsecondary educational institution shall not, except
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as required by federal law:
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(a) Establish or maintain a diversity, equity, and inclusion office;
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(b) Hire or assign an employee of the institution or contract with a
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third party to perform the duties of a diversity, equity, and inclusion
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office;
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(c) Compel, require, induce, or solicit any person to provide a
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statement
related
to
diversity,
equity,
and
inclusion
or
give
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preferential consideration to any person based on the provision of a
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statement related to diversity, equity, and inclusion;
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(d) Give preference on the basis of race, sex, color, ethnicity,
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gender identity, or sexual orientation to an applicant for employment, an
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employee, or a participant in any function of the public postsecondary
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educational institution;
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(e) Require as a condition of enrolling at the public postsecondary
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educational institution or performing any function of such institution,
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any person to participate in a diversity, equity, and inclusion program;
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or
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(f) Spend public money on a diversity, equity, and inclusion program
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or office.
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(3) Nothing in this section shall be construed to limit or prohibit
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a public postsecondary educational institution or an employee of such
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institution from:
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(a) Offering training on sexual harassment;
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(b) Operating an office staffed by, or employing, licensed attorneys
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and legal support staff whose sole purpose is ensuring compliance with
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state or federal law or an applicable court order;
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(c) For the purposes of applying for a grant or complying with the
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terms of accreditation by an accrediting agency, submitting to the
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grantor or accrediting agency a statement that:
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(i) Highlights the public postsecondary educational institution's
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work in supporting:
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(A) First-generation college students;
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(B) Low-income students; or
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(C) Underserved student populations; or
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(ii) Certifies compliance with state and federal antidiscrimination
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laws;
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(d) Collecting data on certain information related to student or
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employee demographics;
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(e) Completing scholarly research or creating art work related to
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diversity, equity, and inclusion and the dissemination of that work;
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(f) Allowing or approving an activity of a student organization
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registered with or recognized by the public postsecondary educational
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institution; or
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(g) Allowing or approving a guest speaker or performer on a short-
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term engagement at such public postsecondary educational institution.
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(4) An employee of a public postsecondary educational institution
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who is required to participate in a diversity, equity, and inclusion
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program may bring an action against the public postsecondary educational
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institution. If the employee demonstrates that the public postsecondary
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educational institution violated this section, the employee is entitled
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to injunctive relief.
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