Text of NE LB 670 (2024)

LEGISLATURE OF NEBRASKA ONE HUNDRED EIGHTH LEGISLATURE FIRST SESSION LEGISLATIVE BILL 670 Introduced by Hunt, 8. Read first time January 18, 2023 Committee: A BILL FOR AN ACT relating to the Nebraska Fair Employment Practice Act; 1 to amend sections 48-1101, 48-1102, 48-1104, 48-1105, 48-1106, 2 48-1107, 48-1108.01, 48-1111, 48-1113, 48-1114, 48-1115, 48-1117, 3 48-1119, 48-1121, 48-1122, and 48-1124, Reissue Revised Statutes of 4 Nebraska; to define and redefine terms; to prohibit discrimination 5 on the basis of gender identity or sexual orientation; to prohibit 6 discrimination by employers regardless of size; to provide an 7 unlawful employment practice for a covered entity; to harmonize 8 provisions; and to repeal the original sections. 9 Be it enacted by the people of the State of Nebraska, 10 LB670 2023 LB670 2023 -1- Section 1. Section 48-1101, Reissue Revised Statutes of Nebraska, is 1 amended to read: 2 48-1101 It is the policy of this state to foster the employment of 3 all employable persons in the state on the basis of merit regardless of 4 their race, color, religion, sex, disability, or national origin, sexual 5 orientation, or gender identity and to safeguard their right to obtain 6 and hold employment without discrimination because of their race, color, 7 religion, sex, disability, or national origin, sexual orientation, or 8 gender identity. Denying equal opportunity for employment because of 9 race, color, religion, sex, disability, or national origin, sexual 10 orientation, or gender identity is contrary to the principles of freedom 11 and is a burden on the objectives of the public policy of this state. The 12 policy of this state does not require any person to employ an applicant 13 for employment because of his or her race, color, religion, sex, 14 disability, or national origin, sexual orientation, or gender identity, 15 and the policy of this state does not require any employer, employment 16 agency, labor organization, or joint labor-management committee to grant 17 preferential treatment to any individual or to any group because of race, 18 color, religion, sex, disability, or national origin, sexual orientation, 19 or gender identity. 20 It is the public policy of this state that all people in Nebraska, 21 both with and without disabilities, shall have the right and opportunity 22 to enjoy the benefits of living, working, and recreating within this 23 state. It is the intent of the Legislature that state and local 24 governments, Nebraska businesses, Nebraska labor organizations, and 25 Nebraskans with disabilities understand their rights and responsibilities 26 under the law regarding employment discrimination and the prevention of 27 discrimination on the basis of disability. 28 Sec. 2. Section 48-1102, Reissue Revised Statutes of Nebraska, is 29 amended to read: 30 48-1102 For purposes of the Nebraska Fair Employment Practice Act, 31 LB670 2023 LB670 2023 -2- unless the context otherwise requires: 1 (1) Person shall include one or more individuals, labor unions, 2 partnerships, limited liability companies, associations, corporations, 3 legal representatives, mutual companies, joint-stock companies, trusts, 4 unincorporated organizations, trustees, trustees in bankruptcy, or 5 receivers; 6 (2) Employer shall include a Class I employer and a Class II 7 employer; 8 (3) Class I employer shall mean a person engaged in an industry who 9 has fifteen or more employees for each working day in each of twenty or 10 more calendar weeks in the current or preceding calendar year, any agent 11 of such a person, and any party whose business is financed in whole or in 12 part under the Nebraska Investment Finance Authority Act regardless of 13 the number of employees and shall include the State of Nebraska, 14 governmental agencies, and political subdivisions, but such term shall 15 not include (a) the United States, a corporation wholly owned by the 16 government of the United States, or an Indian tribe; or (b) a bona fide 17 private membership club, other than a labor organization, which is exempt 18 from taxation under section 501(c) of the Internal Revenue Code; or (c) a 19 Class II employer; 20 (4) Class II employer shall mean a person engaged in an industry who 21 has one or more employees for each working day in each of twenty or more 22 calendar weeks in the current or preceding calendar year and any agent of 23 such a person, but such term does not include (a) the United States, a 24 corporation wholly owned by the government of the United States, or an 25 Indian tribe; (b) a bona fide private membership club, other than a labor 26 organization, which is exempt from taxation under section 501(c) of the 27 Internal Revenue Code; or (c) a Class I employer; 28 (5) (3) Labor organization shall mean any organization which exists 29 wholly or in part for one or more of the following purposes: Collective 30 bargaining; dealing with employers concerning grievances, terms, or 31 LB670 2023 LB670 2023 -3- conditions of employment; or mutual aid or protection in relation to 1 employment; 2 (6) (4) Employment agency shall mean any person regularly 3 undertaking with or without compensation to procure employees for an 4 employer or to procure for employees opportunities to work for an 5 employer and shall include an agent of such a person but shall not 6 include an agency of the United States, except that such term shall 7 include the United States Employment Service and the system of state and 8 local employment services receiving federal assistance; 9 (7) (5) Covered entity shall mean a Class I an employer, an 10 employment agency, a labor organization, or a joint labor-management 11 committee; 12 (8) (6) Privileges of employment shall mean terms and conditions of 13 any employer-employee relationship, opportunities for advancement of 14 employees, and plant conveniences; 15 (9) (7) Employee shall mean an individual employed by an employer; 16 (10) (8) Commission shall mean the Equal Opportunity Commission; 17 (11) (9) Disability shall mean (a) a physical or mental impairment 18 that substantially limits one or more of the major life activities of 19 such individual, (b) a record of such an impairment, or (c) being 20 regarded as having such an impairment. Disability shall not include 21 homosexuality, bisexuality, transvestism, transsexualism, pedophilia, 22 exhibitionism, voyeurism, gender-identity disorders not resulting in 23 physical impairments, other sexual behavior disorders, problem gambling, 24 kleptomania, pyromania, or psychoactive substance use disorders resulting 25 from current illegal use of drugs; 26 (12)(a) (10)(a) Qualified individual with a disability shall mean an 27 individual with a disability who, with or without reasonable 28 accommodation, can perform the essential functions of the employment 29 position that such individual holds or desires. Consideration shall be 30 given to the employer's judgment as to what functions of a job are 31 LB670 2023 LB670 2023 -4- essential, and if an employer has prepared a written description before 1 advertising or interviewing applicants for the job, this description 2 shall be considered evidence of the essential functions of the job; 3 (b) Qualified individual with a disability shall not include any 4 employee or applicant who is currently engaged in the illegal use of 5 drugs when the covered entity acts on the basis of such use; and 6 (c) Nothing in this subdivision shall be construed to exclude as a 7 qualified individual with a disability an individual who: 8 (i) Has successfully completed a supervised drug rehabilitation 9 program or otherwise been rehabilitated successfully and is no longer 10 engaging in the illegal use of drugs; 11 (ii) Is participating in a supervised rehabilitation program and is 12 no longer engaging in such use; or 13 (iii) Is erroneously regarded as engaging in such use but is not 14 engaging in such use; 15 (13) (11) Reasonable accommodation, with respect to disability, 16 shall include making existing facilities used by employees readily 17 accessible to and usable by individuals with disabilities, job 18 restructuring, part-time or modified work schedules, reassignment to a 19 vacant position, acquisition or modification of equipment or devices, 20 appropriate adjustment or modification of examinations, training manuals, 21 or policies, the provision of qualified readers or interpreters, and 22 other similar accommodations for individuals with disabilities. 23 Reasonable accommodation, with respect to pregnancy, childbirth, or 24 related medical conditions, shall include acquisition of equipment for 25 sitting, more frequent or longer breaks, periodic rest, assistance with 26 manual labor, job restructuring, light-duty assignments, modified work 27 schedules, temporary transfers to less strenuous or hazardous work, time 28 off to recover from childbirth, or break time and appropriate facilities 29 for breast-feeding or expressing breast milk. Reasonable accommodation 30 shall not include accommodations which the covered entity can demonstrate 31 LB670 2023 LB670 2023 -5- require significant difficulty or expense thereby posing an undue 1 hardship upon the covered entity. Factors to be considered in determining 2 whether an accommodation would pose an undue hardship shall include: 3 (a) The nature and the cost of the accommodation needed under the 4 Nebraska Fair Employment Practice Act; 5 (b) The overall financial resources of the facility or facilities 6 involved in the provision of the reasonable accommodation, the number of 7 persons employed at such facility, the effect on expenses and resources, 8 or the impact otherwise of such accommodation upon the operation of the 9 facility; 10 (c) The overall financial resources of the covered entity, the 11 overall size of the business of a covered entity with respect to the 12 number of its employees, and the number, type, and location of its 13 facilities; and 14 (d) The type of operation or operations of the covered entity, 15 including the composition, structure, and functions of the work force of 16 such entity, and the geographic separateness and administrative or fiscal 17 relationship of the facility or facilities in question to the covered 18 entity; 19 (14) (12) Marital status shall mean the status of a person whether 20 married or single; 21 (15) (13) Because of sex or on the basis of sex shall include, but 22 not be limited to, because of or on the basis of pregnancy, childbirth, 23 or related medical conditions; 24 (16) (14) Harass because of sex shall include making unwelcome 25 sexual advances, requesting sexual favors, and engaging in other verbal 26 or physical conduct of a sexual nature if (a) submission to such conduct 27 is made either explicitly or implicitly a term or condition of an 28 individual's employment, (b) submission to or rejection of such conduct 29 by an individual is used as the basis for employment decisions affecting 30 such individual, or (c) such conduct has the purpose or effect of 31 LB670 2023 LB670 2023 -6- unreasonably interfering with an individual's work performance or 1 creating an intimidating, hostile, or offensive working environment; 2 (17) (15) Unlawful under federal law or the laws of this state shall 3 mean acting contrary to or in defiance of the law or disobeying or 4 disregarding the law; 5 (18) (16) Drug shall mean a controlled substance as defined in 6 section 28-401; 7 (19) (17) Illegal use of drugs shall mean the use of drugs, the 8 possession or distribution of which is unlawful under the Uniform 9 Controlled Substances Act, but shall not include the use of a drug taken 10 under supervision by a licensed health care professional or any other use 11 authorized by the Uniform Controlled Substances Act or other provisions 12 of state law; 13 (20) (18) Individual who is pregnant, who has given birth, or who 14 has a related medical condition shall mean an individual with a known 15 limitation who, with or without reasonable accommodation, can perform the 16 essential functions of the employment position that such individual 17 holds, desires, or may be temporarily assigned to. Consideration shall be 18 given to the employer's judgment as to what functions of a job are 19 essential, and if an employer has prepared a written description before 20 advertising or interviewing applicants for the job, this description 21 shall be considered evidence of the essential functions of the job; 22 (21) (19) Race is inclusive of characteristics such as skin color, 23 hair texture, and protective hairstyles; and 24 (22) (20) Protective hairstyles includes braids, locks, and 25 twists; . 26 (23) Gender identity shall mean an individual's internal sense of 27 the individual's own gender, regardless of the sex the individual was 28 assigned at birth; and 29 (24) Sexual orientation shall mean actual or perceived 30 homosexuality, heterosexuality, or bisexuality. 31 LB670 2023 LB670 2023 -7- Sec. 3. Section 48-1104, Reissue Revised Statutes of Nebraska, is 1 amended to read: 2 48-1104 It shall be an unlawful employment practice for an employer: 3 (1) To fail or refuse to hire, to discharge, or to harass any 4 individual, or otherwise to discriminate against any individual with 5 respect to compensation, terms, conditions, or privileges of employment, 6 because of such individual's race, color, religion, sex, disability, 7 marital status, or national origin, sexual orientation, or gender 8 identity; or 9 (2) To limit, advertise, solicit, segregate, or classify employees 10 in any way which would deprive or tend to deprive any individual of 11 employment opportunities or otherwise adversely affect such individual's 12 status as an employee, because of such individual's race, color, 13 religion, sex, disability, marital status, or national origin, sexual 14 orientation, or gender identity. 15 Sec. 4. Section 48-1105, Reissue Revised Statutes of Nebraska, is 16 amended to read: 17 48-1105 It shall be an unlawful employment practice for an 18 employment agency to fail or refuse to refer for employment, or otherwise 19 to discriminate against, any individual because of race, color, religion, 20 sex, disability, marital status, or national origin, sexual orientation, 21 or gender identity, or to classify or refer for employment any individual 22 on the basis of race, color, religion, sex, disability, marital status, 23 or national origin, sexual orientation, or gender identity. 24 Sec. 5. Section 48-1106, Reissue Revised Statutes of Nebraska, is 25 amended to read: 26 48-1106 It shall be an unlawful employment practice for a labor 27 organization: 28 (1) To exclude or to expel from its membership, or otherwise to 29 discriminate against, any individual because of race, color, religion, 30 sex, disability, marital status, or national origin, sexual orientation, 31 LB670 2023 LB670 2023 -8- or gender identity; 1 (2) To limit, segregate, or classify its membership, or to classify 2 or fail or refuse to refer for employment any individual, in any way 3 which would deprive or tend to deprive any individual of employment 4 opportunities, or would limit such employment opportunities or otherwise 5 adversely affect such individual's status as an employee or as an 6 applicant for employment, because of such individual's race, color, 7 religion, sex, disability, marital status, or national origin, sexual 8 orientation, or gender identity; or 9 (3) To cause or attempt to cause an employer to discriminate against 10 an individual in violation of this section. 11 Sec. 6. Section 48-1107, Reissue Revised Statutes of Nebraska, is 12 amended to read: 13 48-1107 It shall be an unlawful employment practice for any 14 employer, labor organization, or joint labor-management committee 15 controlling apprenticeship or other training or retraining, including on- 16 the-job training programs to discriminate against any individual because 17 of race, color, religion, sex, disability, marital status, or national 18 origin, sexual orientation, or gender identity in admission to, or 19 employment in, any program established to provide apprenticeship or other 20 training. 21 Sec. 7. Section 48-1108.01, Reissue Revised Statutes of Nebraska, is 22 amended to read: 23 48-1108.01 It shall not be an unlawful employment practice for a 24 covered entity or a Class II employer to: 25 (1) Prohibit the illegal use of drugs and the use of alcohol at the 26 workplace by all employees; 27 (2) Require that employees not be under the influence of alcohol or 28 be engaging in the illegal use of drugs at the workplace; 29 (3) Require employees to comply with any federal regulations 30 concerning the use of alcohol or the illegal use of drugs which are 31 LB670 2023 LB670 2023 -9- applicable to the position of the employee or to the industry involved; 1 or 2 (4) Hold an employee who engages in the illegal use of drugs or who 3 is an alcoholic to the same qualification standards for employment or job 4 performance and behavior that such entity or employer holds other 5 employees even if any unsatisfactory performance or behavior is related 6 to the drug use or alcoholism of such employee. 7 Sec. 8. Section 48-1111, Reissue Revised Statutes of Nebraska, is 8 amended to read: 9 48-1111 (1) Except as otherwise provided in the Nebraska Fair 10 Employment Practice Act, it shall not be an unlawful employment practice 11 for an employer to apply different standards of compensation, or 12 different terms, conditions, or privileges of employment pursuant to a 13 bona fide seniority or merit system or a system which measures earnings 14 by quantity or quality of production or to employees who work in 15 different locations, if such differences are not the result of an 16 intention to discriminate because of race, color, religion, sex, 17 disability, marital status, or national origin, sexual orientation, or 18 gender identity, nor shall it be an unlawful employment practice for an 19 employer to give and to act upon the results of any professionally 20 developed ability test if such test, its administration, or action upon 21 the results is not designed, intended, or used to discriminate because of 22 race, color, religion, sex, disability, marital status, or national 23 origin, sexual orientation, or gender identity. 24 It shall not be an unlawful employment practice for a covered entity 25 to deny privileges of employment to an individual with a disability when 26 the qualification standards, tests, or selection criteria that screen out 27 or tend to screen out or otherwise deny a job or benefit to an individual 28 with a disability: 29 (a) Have been shown to be job-related and consistent with business 30 necessity and such performance cannot be accomplished by reasonable 31 LB670 2023 LB670 2023 -10- accommodation, as required by the Nebraska Fair Employment Practice Act 1 and the federal Americans with Disabilities Act of 1990; or 2 (b) Include a requirement that an individual shall not pose a direct 3 threat, involving a significant risk to the health or safety of other 4 individuals in the workplace, that cannot be eliminated by reasonable 5 accommodation. 6 It shall not be an unlawful employment practice to refuse employment 7 based on a policy of not employing both husband and wife if such policy 8 is equally applied to both sexes. 9 (2) Except as otherwise provided in the Nebraska Fair Employment 10 Practice Act, women affected by pregnancy, childbirth, or related medical 11 conditions shall be treated the same for all employment-related purposes, 12 including receipt of employee benefits, as other persons not so affected 13 but similar in their ability or inability to work, and nothing in this 14 section shall be interpreted to provide otherwise. 15 This section shall not require an employer to provide employee 16 benefits for abortion except when medical complications have arisen from 17 an abortion. 18 Nothing in this section shall preclude an employer from providing 19 employee benefits for abortion under fringe benefit programs or otherwise 20 affect bargaining agreements in regard to abortion. 21 Sec. 9. Section 48-1113, Reissue Revised Statutes of Nebraska, is 22 amended to read: 23 48-1113 Nothing in the Nebraska Fair Employment Practice Act shall 24 be interpreted to require any employer, employment agency, labor 25 organization, or joint labor-management committee subject to the act to 26 grant preferential treatment to any individual or to any group because of 27 the race, color, religion, sex, disability, marital status, or national 28 origin, sexual orientation, or gender identity of such individual or 29 group on account of an imbalance which may exist with respect to the 30 total number or percentage of persons of any race, color, religion, sex, 31 LB670 2023 LB670 2023 -11- disability, marital status, or national origin, sexual orientation, or 1 gender identity employed by any employer, referred or classified for 2 employment by any employment agency or labor organization, admitted to 3 membership or classified by any labor organization, or admitted to, or 4 employed in, any apprenticeship or other training program, in comparison 5 with the total number or percentage of persons of such race, color, 6 religion, sex, disability, marital status, or national origin, sexual 7 orientation, or gender identity in any community, section, or other area, 8 or in the available work force in any community, section, or other area. 9 Sec. 10. Section 48-1114, Reissue Revised Statutes of Nebraska, is 10 amended to read: 11 48-1114 (1) It shall be an unlawful employment practice for an 12 employer to discriminate against any of his or her employees or 13 applicants for employment, for an employment agency to discriminate 14 against any individual, or for a labor organization to discriminate 15 against any member thereof or applicant for membership, because he or she 16 has: 17 (a) Opposed has opposed any practice made an unlawful employment 18 practice by the Nebraska Fair Employment Practice Act; or , 19 (b) Made has made a charge, testified, assisted, or participated in 20 any manner in an investigation, proceeding, or hearing under the act. , 21 (c) 22 (2) It shall be an unlawful employment practice for a Class I 23 employer to discriminate against any of his or her employees or 24 applicants for employment, for an employment agency to discriminate 25 against any individual, or for a labor organization to discriminate 26 against any member thereof or applicant for membership, because he or she 27 has opposed any practice or refused to carry out any action unlawful 28 under federal law or the laws of this state. , or (d) 29 (3)(a) It shall be an unlawful employment practice for a Class I 30 employer to discriminate against any of his or her employees or 31 LB670 2023 LB670 2023 -12- applicants for employment, for an employment agency to discriminate 1 against any individual, or for a labor organization to discriminate 2 against any member thereof or applicant for membership, because he or she 3 has inquired about, discussed, or disclosed information regarding 4 employee wages, benefits, or other compensation. 5 (b) This subsection subdivision (d) shall not apply to instances in 6 which an employee who has authorized access to the information regarding 7 wages, benefits, or other compensation of other employees as a part of 8 such employee's job functions discloses such information to a person who 9 does not otherwise have authorized access to such information, unless 10 such disclosure is in response to a charge or complaint or in furtherance 11 of an investigation, proceeding, hearing, or other action, including an 12 investigation conducted by the employer. 13 (c) (2) Nothing in this subsection or subdivision (1)(d) of this 14 section shall be contrary to applicable state or federal law or: 15 (i) (a) Create an obligation for any employer or employee to 16 disclose information regarding employee wages, benefits, or other 17 compensation; 18 (ii) (b) Permit an employee, without the written consent of the 19 employer, to disclose proprietary information, trade secret information, 20 or information that is otherwise subject to a legal privilege or 21 protected by law. For purposes of this subdivision, proprietary 22 information does not include information regarding employee wages, 23 benefits, or other compensation; 24 (iii) (c) Permit an employee to disclose information regarding 25 wages, benefits, or other compensation of other employees to a competitor 26 of the employer; 27 (iv) (d) Apply to a Class II employer or an employer which is 28 employers which are exempt from the Nebraska Fair Employment Practice Act 29 under section 48-1102; 30 (v) (e) Permit an employee to discuss information regarding employee 31 LB670 2023 LB670 2023 -13- wages, benefits, or other compensation during working hours, as defined 1 in existing workplace policies, or in violation of specific contractual 2 obligations; or 3 (vi) (f) Permit an employee to disseminate information regarding 4 employee wages, benefits, or other compensation to the general public. 5 For purposes of this subdivision, general public does not include public 6 officials, judicial officers, legislators, trade associations, or other 7 reasonable third parties for the employee's mutual aid or protection. 8 (4) (3) The changes made to this section by Laws 2019, LB217, shall 9 not be construed so as to impair or affect the obligation of any lawful 10 contract in existence prior to September 1, 2019. 11 Sec. 11. Section 48-1115, Reissue Revised Statutes of Nebraska, is 12 amended to read: 13 48-1115 It shall be an unlawful employment practice for an employer, 14 labor organization, or employment agency to print or publish or cause to 15 be printed or published any notice or advertisement relating to 16 employment by such an employer or membership in or any classification or 17 referral for employment by such a labor organization, or relating to any 18 classification or referral for employment by such an employment agency, 19 indicating any preference, limitation, specification, or discrimination 20 based on race, color, religion, sex, disability, marital status, or 21 national origin, sexual orientation, or gender identity, except that such 22 a notice or advertisement may indicate a preference, limitation, 23 specification, or discrimination based on religion, sex, disability, 24 marital status, or national origin when religion, sex, disability, 25 marital status, or national origin is a bona fide occupational 26 qualification for employment. 27 Sec. 12. Section 48-1117, Reissue Revised Statutes of Nebraska, is 28 amended to read: 29 48-1117 The commission shall have the following powers and duties: 30 (1) To receive, investigate, and pass upon charges of unlawful 31 LB670 2023 LB670 2023 -14- employment practices anywhere in the state; 1 (2) To hold hearings, subpoena witnesses, compel their attendance, 2 administer oaths, and take the testimony of any person under oath and, in 3 connection therewith, to require the production for examination of any 4 books and papers relevant to any allegation of unlawful employment 5 practice pending before the commission. The commission may make rules as 6 to the issuance of subpoenas, subject to the approval by a constitutional 7 majority of the elected members of the Legislature; 8 (3) To cooperate with the federal government and with local agencies 9 to effectuate the purposes of the Nebraska Fair Employment Practice Act, 10 including the sharing of information possessed by the commission on a 11 case that has also been filed with the federal government or local 12 agencies if both the employer and complainant have been notified of the 13 filing; 14 (4) To attempt to eliminate unfair employment practices by means of 15 conference, mediation, conciliation, arbitration, and persuasion; 16 (5) To require that every employer, employment agency, and labor 17 organization subject to the act shall (a) make and keep such records 18 relevant to the determinations of whether unlawful employment practices 19 have been or are being committed, (b) preserve such records for such 20 periods, and (c) make such reports therefrom, as the commission shall 21 prescribe by regulation or order, after public hearing, as reasonable, 22 necessary, or appropriate for the enforcement of the act or the 23 regulations or orders thereunder. The commission shall, by regulation, 24 require each employer, labor organization, and joint labor-management 25 committee subject to the act which controls an apprenticeship or other 26 training program to maintain such records as are reasonably necessary to 27 carry out the purposes of the act, including, but not limited to, a list 28 of applicants who wish to participate in such program, including the 29 chronological order in which such applications were received, and to 30 furnish to the commission, upon request, a detailed description of the 31 LB670 2023 LB670 2023 -15- manner in which persons are selected to participate in the apprenticeship 1 or other training program. Any employer, employment agency, labor 2 organization, or joint labor-management committee which believes that the 3 application to it of any regulation or order issued under this section 4 would result in undue hardship may either apply to the commission for an 5 exemption from the application of such regulation or order or bring a 6 civil action in the district court for the district where such records 7 are kept. If the commission or the court, as the case may be, finds that 8 the application of the regulation or order to the employer, employment 9 agency, or labor organization in question would impose an undue hardship, 10 the commission or the court, as the case may be, may grant appropriate 11 relief; 12 (6) To report, not less than once every two years, to the Clerk of 13 the Legislature and the Governor, on the hearings it has conducted and 14 the decisions it has rendered, the other work performed by it to carry 15 out the purposes of the act, and to make recommendations for such further 16 legislation concerning abuses and discrimination because of race, color, 17 religion, sex, disability, marital status, or national origin, sexual 18 orientation, or gender identity, as may be desirable. The report shall 19 also include the number of complaints filed under the act alleging a 20 violation of subdivision (2) of section 48-1107.01 and the resolution of 21 such complaints. The report submitted to the Clerk of the Legislature 22 shall be submitted electronically. Each member of the Legislature shall 23 receive an electronic copy of the report required by this subdivision by 24 making a request for it to the chairperson of the commission; and 25 (7) To adopt and promulgate rules and regulations necessary to carry 26 out the duties prescribed in the act. 27 Sec. 13. Section 48-1119, Reissue Revised Statutes of Nebraska, is 28 amended to read: 29 48-1119 (1) In case of failure to eliminate any unlawful employment 30 practice by informal methods of conference, conciliation, persuasion, 31 LB670 2023 LB670 2023 -16- mediation, or arbitration, the commission may order a public hearing. If 1 such hearing is ordered, the commission shall cause to be issued and 2 served a written notice, together with a copy of the complaint, requiring 3 the person, employer, labor organization, or employment agency named in 4 the complaint, hereinafter referred to as respondent, to answer such 5 charges at a hearing before the commission at a time and place which 6 shall be specified in such notice. Such hearing shall be within the 7 county where the alleged unlawful employment practice occurred. The 8 complainant shall be a party to the proceeding, and in the discretion of 9 the commission any other person whose testimony has a bearing on the 10 matter may be allowed to intervene therein. Both the complainant and the 11 respondent, in addition to the commission, may introduce witnesses at the 12 hearing. The respondent may file a verified answer to the allegations of 13 the complaint and may appear at such hearing in person and with or 14 without counsel. Testimony or other evidence may be introduced by either 15 party. All evidence shall be under oath and a record thereof shall be 16 made and preserved. Such proceedings shall, so far as practicable, be 17 conducted in accordance with the rules of evidence applicable in the 18 district courts of the State of Nebraska, and shall be of public record. 19 (2) No person shall be excused from testifying or from producing any 20 book, document, paper, or account in any investigation, or inquiry by, or 21 hearing before the commission when ordered to do so, upon the ground that 22 the testimony or evidence, book, document, paper, or account required of 23 such person may tend to incriminate such person in or subject such person 24 to penalty or forfeiture; but no person shall be prosecuted, punished, or 25 subjected to any forfeiture or penalty for or on account of any act, 26 transaction, matter, or thing concerning which such person shall have 27 been compelled under oath to testify or produce documentary evidence, 28 except that no person so testifying shall be exempt from prosecution or 29 punishment for any perjury committed by such person in his or her 30 testimony. Such immunity shall extend only to a natural person who, in 31 LB670 2023 LB670 2023 -17- obedience to a subpoena, gives testimony under oath or produces evidence, 1 documentary or otherwise, under oath. Nothing in this subsection shall be 2 construed as precluding any person from claiming any right or privilege 3 available to such person under the fifth amendment to the Constitution of 4 the United States. 5 (3) After the conclusion of the hearing, the commission shall, 6 within ten days of the receipt of the transcript or the receipt of the 7 recommendations from the hearing officer, make and file its findings of 8 fact and conclusions of law and make and enter an appropriate order. The 9 hearing officer need not refer to the page and line numbers of the 10 transcript when making his or her recommendation to the commission. Such 11 findings of fact and conclusions of law shall be in sufficient detail to 12 enable a court on appeal to determine the controverted questions 13 presented by the proceedings and whether proper weight was given to the 14 evidence. If the commission determines that the respondent has 15 intentionally engaged in or is intentionally engaging in any unlawful 16 employment practice, it shall issue and cause to be served on such 17 respondent an order requiring such respondent to cease and desist from 18 such unlawful employment practice and order such other affirmative action 19 as may be appropriate which may include, but shall not be limited to, 20 reinstatement or hiring of employees, with or without backpay. Backpay 21 liability shall not accrue from a date more than two years prior to the 22 filing of the charge with the commission. Interim earnings or amounts 23 earnable with reasonable diligence by the person or persons discriminated 24 against shall operate to reduce the backpay otherwise allowable. 25 (4) A complainant who has suffered physical, emotional, or financial 26 harm as a result of a violation of section 48-1104 or 48-1114 may, at any 27 stage of the proceedings prior to dismissal, file an action directly in 28 the district court of the county where such alleged violation occurred. 29 If the complainant files a district court action on the charge, the 30 complainant shall provide written notice of such filing to the 31 LB670 2023 LB670 2023 -18- commission, and such notification shall immediately terminate all 1 proceedings before the commission. The district court shall file and try 2 such case as any other civil action, and any successful complainant shall 3 be entitled to appropriate relief, including temporary or permanent 4 injunctive relief, general and special damages, reasonable attorney's 5 fees, and costs. 6 (5) No order of the commission shall require the admission or 7 reinstatement of an individual as a member of a labor organization or the 8 hiring, reinstatement, or promotion of an individual as an employee, or 9 the payment to him or her of any backpay, if such individual was refused 10 admission, suspended, or expelled, or was refused employment or 11 advancement or was suspended or discharged for any reason other than 12 discrimination on account of race, color, religion, sex, disability, 13 marital status, or national origin, sexual orientation, or gender 14 identity or in violation of section 48-1114. If the commission finds that 15 a respondent has not engaged in any unfair employment practice, it shall 16 within thirty days state its findings of fact and conclusions of law. A 17 copy of any order shall be served upon the person against whom it runs or 18 his or her attorney and notice thereof shall be given to the other 19 parties to the proceedings or their attorneys. Such order shall take 20 effect twenty days after service thereof unless otherwise provided and 21 shall continue in force either for a period which may be designated 22 therein or until changed or revoked by the commission. 23 (6) Except as provided in subsection (4) of this section, until a 24 transcript of the record of the proceedings is filed in the district 25 court as provided in section 48-1120, the commission may, at any time 26 upon reasonable notice and in such a manner it shall deem proper, modify 27 or set aside, in whole or in part, any finding or order made by it. 28 Sec. 14. Section 48-1121, Reissue Revised Statutes of Nebraska, is 29 amended to read: 30 48-1121 Every Class I employer, employment agency, and labor 31 LB670 2023 LB670 2023 -19- organization subject to the Nebraska Fair Employment Practice Act shall 1 post in a conspicuous place or places on his, her, or its premises a 2 notice to be prepared or approved by the commission which shall set forth 3 excerpts of the act and such other relevant information which the 4 commission deems necessary to explain the act. 5 Sec. 15. Section 48-1122, Reissue Revised Statutes of Nebraska, is 6 amended to read: 7 48-1122 Every contract to which the state or any of its political 8 subdivisions is a party shall contain a provision requiring the 9 contractor and its his subcontractors not to discriminate against any 10 employee or applicant for employment, to be employed in the performance 11 of such contract, with respect to such person's his hire, tenure, terms, 12 conditions, or privileges of employment, because of such person's his 13 race, color, religion, sex, disability, or national origin, sexual 14 orientation, or gender identity. 15 Sec. 16. Section 48-1124, Reissue Revised Statutes of Nebraska, is 16 amended to read: 17 48-1124 Nothing contained in the Nebraska Fair Employment Practice 18 Act shall be deemed to repeal any of the provisions of the civil rights 19 law, any other law of this state, or any municipal ordinance relating to 20 discrimination because of race, creed, color, religion, sex, disability, 21 or national origin, sexual orientation, or gender identity. 22 Sec. 17. Original sections 48-1101, 48-1102, 48-1104, 48-1105, 23 48-1106, 48-1107, 48-1108.01, 48-1111, 48-1113, 48-1114, 48-1115, 24 48-1117, 48-1119, 48-1121, 48-1122, and 48-1124, Reissue Revised Statutes 25 of Nebraska, are repealed. 26 LB670 2023 LB670 2023 -20-