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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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; 1 and to prohibit public postsecondary educational institutions from 2 having a diversity, equity, and inclusion office and taking certain 3 actions related to diversity, equity, and inclusion. 4 Be it enacted by the people of the State of Nebraska, 5 LB552 2025 LB552 2025 -1- Section 1. (1) For purposes of this section: 1 (a) Appropriate governing board means the Board of Regents of the 2 University of Nebraska, the Board of Trustees of the Nebraska State 3 Colleges, or the governing board of any community college in relation to 4 such board's respective public postsecondary educational institution; 5 (b) Diversity, equity, and inclusion office means an office, 6 division, or other unit of a public postsecondary educational institution 7 established for the purpose of: 8 (i) Influencing hiring or employment practices of the public 9 postsecondary educational institution with respect to race, sex, color, 10 ethnicity, gender identity, or sexual orientation other than through the 11 use of color-blind and sex-neutral hiring processes in accordance with 12 state and federal antidiscrimination laws; 13 (ii) Promoting differential treatment of or providing special 14 benefits to individuals on the basis of race, color, ethnicity, gender 15 identity, or sexual orientation; 16 (iii) Promoting policies or procedures designed or implemented in 17 reference to race, color, ethnicity, gender identity, or sexual 18 orientation, other than policies or procedures developed by an attorney 19 and approved in writing by the appropriate governing board for the sole 20 purpose of ensuring compliance with any applicable court order or state 21 or federal law; or 22 (iv) Conducting diversity, equity, and inclusion programs designed 23 or implemented in reference to race, color, ethnicity, gender identity, 24 or sexual orientation, other than programs developed by an attorney and 25 approved in writing by the appropriate governing board for the sole 26 purpose of ensuring compliance with any applicable court order or state 27 or federal law; 28 (c) Diversity, equity, and inclusion program means a program that 29 requires an employee of a public postsecondary educational institution to 30 participate in or attend a training, orientation, workshop, therapy 31 LB552 2025 LB552 2025 -2- session, or similar activity that focuses on any of the following: 1 (i) Describing structures, systems, relations of power, privilege, 2 or subordination on the basis of race, sex, color, gender, ethnicity, 3 gender identity, or sexual orientation; 4 (ii) Describing methods to identify, dismantle, or oppose any such 5 structure, system, relation of power, privilege, or subordination; 6 (iii) Justifying differential treatment or benefit on the basis of 7 race, sex, color, gender, ethnicity, gender identity, or sexual 8 orientation; or 9 (iv) Advancing theories of unconscious or implicit bias, cultural 10 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 concept substantially related to any of these theories; and 16 (d) Public postsecondary educational institution means the 17 University of Nebraska, the state colleges, and the community colleges. 18 (2) A public postsecondary educational institution shall not, except 19 as required by federal law: 20 (a) Establish or maintain a diversity, equity, and inclusion office; 21 (b) Hire or assign an employee of the institution or contract with a 22 third party to perform the duties of a diversity, equity, and inclusion 23 office; 24 (c) Compel, require, induce, or solicit any person to provide a 25 statement related to diversity, equity, and inclusion or give 26 preferential consideration to any person based on the provision of a 27 statement related to diversity, equity, and inclusion; 28 (d) Give preference on the basis of race, sex, color, ethnicity, 29 gender identity, or sexual orientation to an applicant for employment, an 30 employee, or a participant in any function of the public postsecondary 31 LB552 2025 LB552 2025 -3- educational institution; 1 (e) Require as a condition of enrolling at the public postsecondary 2 educational institution or performing any function of such institution, 3 any person to participate in a diversity, equity, and inclusion program; 4 or 5 (f) Spend public money on a diversity, equity, and inclusion program 6 or office. 7 (3) Nothing in this section shall be construed to limit or prohibit 8 a public postsecondary educational institution or an employee of such 9 institution from: 10 (a) Offering training on sexual harassment; 11 (b) Operating an office staffed by, or employing, licensed attorneys 12 and legal support staff whose sole purpose is ensuring compliance with 13 state or federal law or an applicable court order; 14 (c) For the purposes of applying for a grant or complying with the 15 terms of accreditation by an accrediting agency, submitting to the 16 grantor or accrediting agency a statement that: 17 (i) Highlights the public postsecondary educational institution's 18 work in supporting: 19 (A) First-generation college students; 20 (B) Low-income students; or 21 (C) Underserved student populations; or 22 (ii) Certifies compliance with state and federal antidiscrimination 23 laws; 24 (d) Collecting data on certain information related to student or 25 employee demographics; 26 (e) Completing scholarly research or creating art work related to 27 diversity, equity, and inclusion and the dissemination of that work; 28 (f) Allowing or approving an activity of a student organization 29 registered with or recognized by the public postsecondary educational 30 institution; or 31 LB552 2025 LB552 2025 -4- (g) Allowing or approving a guest speaker or performer on a short- 1 term engagement at such public postsecondary educational institution. 2 (4) An employee of a public postsecondary educational institution 3 who is required to participate in a diversity, equity, and inclusion 4 program may bring an action against the public postsecondary educational 5 institution. If the employee demonstrates that the public postsecondary 6 educational institution violated this section, the employee is entitled 7 to injunctive relief. 8 LB552 2025 LB552 2025 -5-