['Discrimination']
['Pregnancy 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
Effective September 2015 (three months after the adjournment of the 104th legislative session), the Nebraska Fair Employment Practice Act prohibits covered employers from discriminating against an individual who is pregnant, who has given birth, or who has a related medical condition in regard to job application procedures; the hiring, advancement, or discharge of employees; employee compensation; job training; and other terms, conditions, and privileges of employment.
The law also requires covered employers to provide reasonable accommodation with respect to pregnancy, childbirth, or related medical conditions. This could include time off to recover from childbirth, modified work schedules, acquisition of equipment for sitting, more frequent or longer breaks, periodic rest, assistance with manual labor, job restructuring, light-duty assignments, temporary transfers to less strenuous or hazardous work, or break time and appropriate facilities for breast-feeding or expressing breast milk.
Employers need not provide an accommodation if they can demonstrate that it would impose an undue hardship on the operation of the business.
Employers are prohibited from requiring an employee to take leave under any leave law or company policy if another reasonable accommodation can be provided.
An individual who is pregnant, who has given birth, or who has a related medical condition is one with a known limitation who, with or without reasonable accommodation, can perform the essential functions of the employment position that the individual holds, desires, or may be temporarily assigned to. Consideration will be given to the employer's judgment as to what functions of a job are essential, and if an employer has prepared a written description before advertising or interviewing applicants for the job, this description will be considered evidence of the essentials functions of the job.
The unlawful employment practices and exemptions are similar to those under the federal Guidelines on Discrimination Because of Sex. For example, the state law requires employers to treat disabilities caused by pregnancy in the same manner in which other disabilities are treated. 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
Nebraska Equal Opportunity Commission
Regulations
Nebraska Fair Employment Practice Act, Admin. Code Title 138, Chapters 1 – 14
Nebraska revised statutes, Chapter 48; 48-1102, 48-1107.01, 48-1107.02 Fair Employment Practice Act (pregnancy accommodations)
Federal
Contact
Equal Employment Opportunity Commission (EEOC)
Regulations
Pregnancy Discrimination Act, Public Law 95-555, 92 Stat. 2076 (1978)
29 CFR Parts 1604.10, Employment policies relating to pregnancy and childbirth.
Appendix A to Part 1604, Questions and Answers on the Pregnancy Discrimination Act, Public Law 95-555, 92 Stat. 2076 (1978)
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