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Summary of differences between federal and state regulations
Arrest & conviction record inquiries
Applies to public employers. Legislative Bill 907, 2014.
Effective April 26, 2014, a public employer may not ask an applicant for employment to disclose, orally or in writing, information concerning the applicant's criminal record or history, including any inquiry on any employment application, until the public employer has determined the applicant meets the minimum employment qualifications.
Nebraska has no laws or regulations specifically prohibiting arrest or conviction record inquiries by private employers.
State
Contacts
Employer immunity from disclosure claims
Arrest record inquiries
Nebraska Equal Opportunity Commission
Conviction record inquiries
Nebraska Equal Opportunity Commission
Regulations
Employer immunity from disclosure claims
Nebraska Statute 48-209: Service letter; contents
Nebraska Statute 48-210: Service letter; form
Nebraska Statute 48-211: Service letter; failure or refusal to supply; penalty
Nebraska LB959; An act relating to labor; to provide immunity to employers for job references.
Arrest record inquiries
Nebraska Statute 29-3523, Criminal history record information; notation of an arrest; dissemination; limitations; expungement
Conviction record inquiries
None.
Federal
Contacts
Employer immunity from disclosure claims
None.
Arrest record inquiries
Equal Employment Opportunity Commission (EEOC)
Conviction record inquiries
Equal Employment Opportunity Commission (EEOC)
Regulations
Employer immunity from disclosure claims
None.
Arrest record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.
Conviction record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.