['Discrimination']
['Gender Discrimination']
06/12/2024
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Summary of differences between federal and state regulations
Employer defined
In general, covered entities include most private and non-profit employers with 15 or more employees, state and local government subdivisions of any size, employment agencies and labor organizations.
“Employer” means a person engaged in an industry who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, any agent of such a person, and any party whose business is financed in whole or in part under the Nebraska Investment Finance Authority Act regardless of the number of employees. The term includes the State of Nebraska, governmental agencies, and political subdivisions, regardless of the number of employees, but does not include:
- the United States, a corporation wholly owned by the government of the United States, or an Indian tribe; or
- a bona fide private membership club, other than a labor organization, which is exempt from taxation under section 501(c) of the Internal Revenue Code.
Unlawful employment practices
The unlawful employment practices and exemptions are similar to those under the federal Guidelines on Discrimination Because of Sex. For example, the state law includes an exemption for a bona fide occupational qualification. A charge must be filed with the state within 300 days of the alleged violation.
Recordkeeping
The Equal Opportunity Commission may, by regulation, require that covered employers make and keep records relevant to determinations of unlawful employment practices, to preserve those records for specified periods, and to make reports. However, no such regulation has yet been issued by the state. The recordkeeping requirements of the federal Equal Employment Opportunity Commission (EEOC) still apply, however.
Posting
Every covered employer, employment agency, and labor organization must post in a conspicuous place or places a notice prepared or approved by the Equal Opportunity Commission which sets forth excerpts of the Fair Employment Act and other relevant information necessary to explain the act.
State
Contact
Regulations
Nebraska Fair Employment Practice Act, Admin. Code Title 138, Chapters 1 – 14
Federal
Contact
Equal Employment Opportunity Commission (EEOC)
Regulations
29 CFR Part 1604, Guidelines on Discrimination Because of Sex
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