Title 41, State Government

A covered entity under article 4 or 8 of this chapter is not required to provide a reasonable accommodation or a reasonable modification to policies, practices or procedures to an individual who meets the definition of disability solely under section 41-1461, paragraph 5, subdivi…

A. A citizen of the United States who is a resident of this state, who is qualified to become an elector as prescribed by the terms of section 16-101 and who is otherwise qualified by law to vote at any election by or in this state or any county, city, town, school district or ot…

In this article, unless the context otherwise requires: 1. "Person" means an individual, corporation, partnership, unincorporated association, or other organization, and includes the owner, lessee, operator, proprietor, manager, superintendent, agent, or employee of any place of …

A. Discrimination in places of public accommodation against any person because of race, color, religion, sex, national origin or ancestry is contrary to the policy of this state and shall be deemed unlawful. B. No person, directly or indirectly, shall refuse to, withhold from or …

A mother is entitled to breast-feed in any area of a public place or a place of public accommodation where the mother is otherwise lawfully present.

A. A public entity that constructs a new restroom that is accessible to the public in a public building or that totally renovates an existing restroom that is accessible to both men and women and to the public in a public building shall: 1. Include in at least one restroom in eac…

In this article, unless the context otherwise requires: 1. "Auxiliary aids and services" includes: (a) Qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments. (b) Qualified readers, taped texts or …

This article does not apply to an employer with respect to the employment of aliens outside any state or to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion to perform work connected wi…

A. Nothing contained in this article shall be interpreted to require that the less qualified be preferred over the better qualified simply because of race, color, religion, sex, age or national origin or on the basis of disability. B. It is an unlawful employment practice for an …

A. It is an unlawful employment practice for an employer to discriminate against any of the employer's employees or applicants for employment, for an employment agency or joint labor-management committee controlling apprenticeship or other training or retraining programs, includi…

The age discrimination prohibitions in this article are limited to individuals who are at least forty years of age.

A. The prohibition against discrimination based on a disability includes medical examinations and inquiries. Except as provided in subsection B, paragraph 2, a covered entity shall not conduct a medical examination or make inquiries of a job applicant as to whether the applicant …

Under this article and article 6 of this chapter, in determining what functions of a job are essential, consideration shall be given to the employer's judgment as to what functions of the job are essential, and if the employer has prepared a written description of the job before …

A. A person shall define and construe a disability in favor of broad coverage of individuals under this article to the maximum extent permitted by the terms of this article. B. A person shall interpret substantially limits consistently with the findings and purposes of the ADA am…

A. Any person, referred to as the charging party, claiming to be aggrieved by an alleged discriminatory practice or act contrary to article 2 or 3 of this chapter may, within one hundred eighty days from the date of the alleged practice or act, file with the division a verified c…

A. In an action under section 41-1471, if the superior court finds that discrimination in violation of section 41-1421 or 41-1442 has occurred, the court may award: 1. Actual and compensatory damages, including damages for emotional distress. 2. Court costs. 3. Preventive relief,…

A. A charge under this section shall be filed within one hundred eighty days after the alleged unlawful employment practice occurred. A charge is deemed filed on receipt by the division from or on behalf of a person claiming to be aggrieved or, if filed by a member of the divisio…

A. Every employer, employment agency and labor organization subject to article 4 of this chapter shall make and keep such records relevant to the determination of whether unlawful employment practices have been or are being committed, preserve such records for such periods and ma…

A. Every employer, employment agency and labor organization shall post and keep posted in conspicuous places upon its premises where notices to employees, applicants for employment and members are customarily posted a notice to be prepared or approved by the division setting fort…

In any action or proceeding based on an alleged unlawful employment practice, no person shall be subject to liability or punishment for or on account of the commission by such person of an unlawful employment practice if he pleads and proves that the act or omission complained of…

In this article, unless the context otherwise requires: 1. "Aggrieved person" includes any person who either: (a) Claims to have been injured by a discriminatory housing practice. (b) Believes that the person will be injured by a discriminatory housing practice that is about to o…

In this article, a discriminatory act is committed because of familial status if the act is committed because the person who is the subject of discrimination is: 1. Pregnant. 2. Domiciled with an individual younger than eighteen years of age in regard to whom the person either: (…

A. Except as provided in subsection B of this section, sections 41-1491.14 through 41-1491.21 do not apply to: 1. The sale or rental of a single family house sold or rented by an owner if: (a) The owner does not: (i) Own more than three single family houses at any one time. (ii) …

A. This article does not prohibit a religious organization, association or society or a nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society from: 1. Limiting the sale, rental or occupa…

A. The provisions of this article relating to familial status do not apply to housing for older persons. B. The attorney general may adopt rules setting forth criteria for housing for older persons. The rules adopted for subsection D, paragraph 3 shall require the following facto…

This article does not prohibit a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, color, religion, sex, disability, familial status or national origin.

A. This article does not affect a reasonable local or state restriction on the maximum number of occupants permitted to occupy a dwelling or a restriction relating to health or safety standards. B. This article does not affect a requirement of nondiscrimination in any other state…

The attorney general shall administer this article.

The attorney general may adopt interpretive and procedural rules necessary to implement this article.

The attorney general shall receive, investigate, seek to conciliate and act on complaints alleging violations of this article.

A. The attorney general shall publish annually a written report recommending legislative or other action to carry out the purposes of this article. This report shall contain, for the preceding fiscal year, the following information: 1. The number of complaints initiated by the at…

The attorney general shall cooperate with federal fair housing agencies and, as appropriate, may provide technical and other assistance to federal, state, local and other public or private entities that are formulating or operating programs to prevent or eliminate discriminatory …

The attorney general may issue subpoenas and compel the production of documents and the giving of testimony, as provided by section 41-1403.

A. The attorney general may defer proceedings under this article and refer a complaint to a city or town with a population of three hundred fifty thousand or more persons according to the 1990 United States decennial census that has been recognized by the United States department…

A. A person may not refuse to sell or rent after a bona fide offer has been made or refuse to negotiate for the sale or rental of or otherwise make unavailable or deny a dwelling to any person because of race, color, religion, sex, familial status or national origin. B. A person …

A person may not make, print or publish or cause to be made, printed or published any notice, statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination based on race, color, religion, sex, disability, f…

A person may not represent to any person because of race, color, religion, sex, disability, familial status or national origin that a dwelling is not available for inspection for sale or rental if the dwelling is available for inspection.

A person, for profit, may not induce or attempt to induce a person to sell or rent a dwelling by representations regarding the entry or prospective entry into a neighborhood of a person of a particular race, color, religion, sex, disability, familial status or national origin.

A person may not coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this sec…

A. A person may not discriminate in the sale or rental or otherwise make unavailable or deny a dwelling to any buyer or renter because of a disability of: 1. That buyer or renter. 2. A person residing in or intending to reside in that dwelling after it is sold, rented or made ava…

A. A person whose business includes engaging in residential real estate related transactions may not discriminate against a person in making a real estate related transaction available or in the terms or conditions of a real estate related transaction because of race, color, reli…

A person may not deny any person access to, or membership or participation in, a multiple listing service, real estate brokers' organization or other service, organization or facility relating to the business of selling or renting dwellings or may not discriminate against a perso…

A. The attorney general shall investigate alleged discriminatory housing practices. The attorney general, on his own initiative, may file such a complaint. B. A complaint shall be in writing, under oath and in the form prescribed by the attorney general. C. An aggrieved person ma…

A. Not later than ten days after receipt of the notice and copy under section 41-1491.22, subsection F, paragraph 3, a respondent may file an answer to the complaint. B. The answer shall be in writing, under oath and in the form prescribed by the attorney general. C. An answer ma…

A. If the federal government has referred a complaint to the attorney general or has deferred jurisdiction over the subject matter of the complaint to the attorney general, and if the attorney general has accepted the referral or deferral, the attorney general shall promptly inve…

A. The attorney general may join a person not named in the complaint as an additional or substitute respondent if in the course of the investigation the attorney general determines that the person should be accused of a discriminatory housing practice. B. In addition to the infor…