Chapter 20, CIVIL RIGHTS
142 sections in this chapter.
Neb. Rev. Stat. § 20-113 Protection of civil rights; incorporated cities; ordinances; county; resolutions; powers; jurisdiction; revocation of liquor license, when.
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(1) Any incorporated city may enact ordinances and any county may adopt resolutions which are substantially equivalent to the Age Discrimination in Employment Act, the Nebraska Fair Employment Practice Act, the Nebraska Fair Housing Act, and sections 20-126 to 20-143 and 48-1219 …
Neb. Rev. Stat. § 20-113.01 Legislative findings.
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In order to declare the intent of the present Legislature and to effect the original intent of sections 18-1724 and 20-113, the Legislature finds that civil rights are a local as well as state concern and the Legislature desires to provide for the local enforcement and enactment …
Neb. Rev. Stat. § 20-123 Intent, purpose, public policy; freedom of speech.
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It is the intent, purpose, and public policy to protect, preserve, and perpetuate the constitutional right to freely speak, write, and publish on all lawful subjects, including the right to make a comprehensive distribution of such printed materials, either commercial or noncomme…
Neb. Rev. Stat. § 20-124 Interference; restraint of freedoms; penalty.
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Any individual, corporation, or municipality that attempts to interfere with or restrain the exercise of the freedoms referred to in sections 20-123 and 20-132, either by ordinance or otherwise, shall be guilty of a misdemeanor and upon conviction thereof shall be fined in an amo…
Neb. Rev. Stat. § 20-126 Statement of policy.
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It is the policy of this state to encourage and enable persons with disabilities to participate fully in the social and economic life of the state and to engage in remunerative employment.
Neb. Rev. Stat. § 20-126.01 Disability, defined.
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For purposes of sections 20-126 to 20-131, disability has the same meaning as in 42 U.S.C. 12102, as such section existed on January 1, 2021.
Neb. Rev. Stat. § 20-127 Rights enumerated.
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(1) A person with a disability has the same right as any other person to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities, and other public places. (2) A person with a disability is entitled to full and equal accommodations,…
Neb. Rev. Stat. § 20-128 Pedestrian using cane or service animal; driver of vehicle; duties; violation; damages.
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In addition to the provisions of sections 28-1313 and 28-1314, the driver of a vehicle approaching a pedestrian who is totally or partially blind and carrying a cane predominantly white or metallic in color or using a service animal or a pedestrian who is deaf or hard of hearing …
Neb. Rev. Stat. § 20-129 Denying or interfering with admittance to public facilities; penalty.
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(1) Any person or agent of such person who denies or interferes with admittance to or enjoyment of the public facilities enumerated in section 20-127 or otherwise interferes with the rights of a person who is totally or partially blind, who is deaf or hard of hearing, or who has …
Neb. Rev. Stat. § 20-130 White Cane Safety Day; proclamation; Governor issue.
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Each year, the Governor shall take suitable public notice of October 15 as White Cane Safety Day and issue a proclamation: (1) Commenting upon the significance of the white cane; (2) Calling upon the citizens of the state to observe the provisions of sections 20-126 to 20-131 and…
Neb. Rev. Stat. § 20-131 Employment by state and political subdivisions; policy.
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It is the policy of this state that persons with disabilities shall be employed by the state, the political subdivisions of the state, the public schools, and all other employment supported in whole or in part by public funds on the same terms and conditions as persons without di…
Neb. Rev. Stat. § 20-131.01 Full and equal enjoyment of housing accommodations; statement of policy.
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It is the intent of the Legislature that persons with disabilities shall be entitled to full and equal access to all housing accommodations offered for rent, lease, or compensation in this state.
Neb. Rev. Stat. § 20-131.02 Housing accommodations; terms, defined.
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For purposes of sections 20-131.01 to 20-131.04, unless the context otherwise requires: (1) Housing accommodations means any real property which is used or occupied or is intended, arranged, or designed to be used or occupied as the home, residence, or sleeping place of one or mo…
Neb. Rev. Stat. § 20-131.03 Housing accommodations; modification; not required.
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Nothing in sections 20-131.01 to 20-131.04 shall require any person who rents, leases, or provides housing accommodations for compensation to modify such person's property in any way to accommodate the special needs of any lessee.
Neb. Rev. Stat. § 20-131.04 Service animal; access to housing accommodations; terms and conditions.
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Every person with a disability who has a service animal or obtains a service animal shall have full and equal access to all housing accommodations with such animal as prescribed in sections 20-131.01 to 20-131.04. Such person shall not be required to pay extra compensation for su…
Neb. Rev. Stat. § 20-132 Full and equal enjoyment of accommodations.
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All persons within this state shall be entitled to a full and equal enjoyment of any place of public accommodation, as defined in sections 20-132 to 20-143, without discrimination or segregation on the grounds of race, color, sex, religion, national origin, disability, ancestry, …
Neb. Rev. Stat. § 20-133 Places of public accommodation, defined.
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As used in sections 20-132 to 20-143, unless the context otherwise requires, places of public accommodation shall mean all places or businesses offering or holding out to the general public goods, services, privileges, facilities, advantages, and accommodations for the peace, com…
Neb. Rev. Stat. § 20-134 Discriminatory practices; violation; penalty.
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(1) Any person who directly or indirectly refuses, withholds from, denies, or attempts to refuse, withhold, or deny, to any other person any of the accommodations, advantages, facilities, services, or privileges, or who segregates any person in a place of public accommodation on …
Neb. Rev. Stat. § 20-135 Prohibited acts; violation; penalty.
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Any person who aids, abets, incites, compels, or coerces any activity prohibited by the provisions of sections 20-132 to 20-143, or who attempts to do so, shall be guilty of discriminatory practice and shall be subject to the penalties of sections 20-132 to 20-143.
Neb. Rev. Stat. § 20-136 Retaliation; discrimination; violation; penalty.
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Retaliation or discrimination, in any manner, against any person who has opposed any activity prohibited by the provisions of sections 20-132 to 20-143 or who has testified, assisted, or participated in any manner in any investigation, proceeding, or hearing conducted pursuant to…
Neb. Rev. Stat. § 20-137 Religious preference; not violation of discriminatory practice.
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Any place of public accommodation owned by or operated on behalf of a religious corporation, association, or society which gives preference in the use of such place to members of the same faith as that of the administering body shall not be guilty of discriminatory practice.
Neb. Rev. Stat. § 20-138 Private club or establishment not open to public; applicability of sections.
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The provisions of sections 20-132 to 20-143 shall not apply to a private club or other establishment not in fact open to the public, except to the extent that the facilities of such establishments are made available to the customers or patrons of an establishment within the scope…
Neb. Rev. Stat. § 20-139 Nebraska Fair Housing Act, free speech, and public accommodations law; administered by Equal Opportunity Commission; powers.
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The Nebraska Fair Housing Act and sections 20-123, 20-124, and 20-132 to 20-143 shall be administered by the Equal Opportunity Commission, except that the State Fire Marshal shall administer the act and sections as they relate to accessibility standards and specifications set for…
Neb. Rev. Stat. § 20-140 Unlawful discriminatory practice; complaint; file with commission; contents; resolution of complaint; confidential; violation; penalty.
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Any person claiming to be aggrieved by an unlawful discriminatory practice may by himself, his agent, or his attorney file with the commission a verified complaint in writing which shall state the name and address of the person alleged to have committed the unlawful discriminator…
Neb. Rev. Stat. § 20-141 Failure to eliminate unlawful practice by conference, conciliation, and persuasion; written notice; hearing; procedure.
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(1) In case of failure to eliminate any unlawful practice by informal methods of conference, conciliation, and persuasion, the commission shall cause to be issued and served in the name of the commission a written notice, together with a copy of the complaint, requiring the perso…
Neb. Rev. Stat. § 20-142 Appeal; procedure; attorney's fees; failure to appeal; effect.
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(1) Any party to a proceeding before the commission aggrieved by any decision and order of the commission and directly affected thereby may appeal the decision and order, and the appeal shall be in accordance with the Administrative Procedure Act. (2) In any action or proceeding …
Neb. Rev. Stat. § 20-143 Violations; penalty.
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Any person or place of public accommodation who or which shall willfully resist, prevent, impede, or interfere with the commission or any of its members or representatives in the performance of duty under sections 20-132 to 20-143, or shall willfully violate an order of the commi…
Neb. Rev. Stat. § 20-144 Finding by Legislature.
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The Legislature finds: (1) That the policy of the State of Nebraska is to insure the free flow of news and other information to the public, and that those who gather, write, or edit information for the public or disseminate information to the public may perform these vital functi…
Neb. Rev. Stat. § 20-145 Terms, defined.
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For purposes of the Free Flow of Information Act, unless the context otherwise requires: (1) Federal or state proceeding shall include any proceeding or investigation before or by any federal or state judicial, legislative, executive, or administrative body; (2) Medium of communi…
Neb. Rev. Stat. § 20-146 Procuring, gathering, writing, editing, or disseminating news or other information; not required to disclose to courts or public.
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No person engaged in procuring, gathering, writing, editing, or disseminating news or other information to the public shall be required to disclose in any federal or state proceeding: (1) The source of any published or unpublished, broadcast or nonbroadcast information obtained i…
Neb. Rev. Stat. § 20-147 Act, how cited.
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Sections 20-144 to 20-147 shall be known and may be cited as the Free Flow of Information Act.
Neb. Rev. Stat. § 20-148 Deprivation of constitutional and statutory rights, privileges, or immunities; redress.
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(1) Any person or company, as defined in section 49-801, except any political subdivision, who subjects or causes to be subjected any citizen of this state or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the U…
Neb. Rev. Stat. § 20-149 Consumer reporting agency; furnish information; duty; violation; penalty.
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Any consumer reporting agency doing business in this state which is required to furnish information to a consumer, protected consumer as defined in section 8-2602, or representative as defined in section 8-2602 pursuant to 15 U.S.C. 1681g to 1681j as such sections existed on Janu…
Neb. Rev. Stat. § 20-150 Legislative findings; licensed interpreters; qualified educational interpreters; legislative intent.
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(1) The Legislature hereby finds and declares that it is the policy of the State of Nebraska to secure the rights of deaf and hard of hearing persons who cannot readily understand or communicate in spoken language and who consequently cannot equally participate in or benefit from…
Neb. Rev. Stat. § 20-151 Terms, defined.
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For purposes of sections 20-150 to 20-159, unless the context otherwise requires: (1) Appointing authority means the state agency or law enforcement personnel required to provide a licensed interpreter pursuant to sections 20-150 to 20-159; (2) Auxiliary aid includes, but is not …
Neb. Rev. Stat. § 20-152 Deaf or hard of hearing person; arrest; right to interpreter; use of statements.
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Whenever a deaf or hard of hearing person is arrested and taken into custody for an alleged violation of state law or local ordinance, the appointing authority shall procure a licensed interpreter for any interrogation, warning, notification of rights, or taking of a statement, u…
Neb. Rev. Stat. § 20-153 Proceedings; interpreter provided; when.
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(1) For any proceeding before an appointing authority including any court at which a deaf or hard of hearing person is subpoenaed or requested in writing to attend, the appointing authority shall obtain a licensed interpreter to interpret the proceedings to the deaf or hard of he…
Neb. Rev. Stat. § 20-154 Appointment of additional interpreters.
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If a licensed interpreter appointed under section 20-153 is not able to provide effective communication with a deaf or hard of hearing person, the appointing authority shall obtain another licensed interpreter. An oral interpreter shall be provided upon request of a deaf or hard …
Neb. Rev. Stat. § 20-155 Proof of hearing impairment.
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When an appointing authority has reason to believe that a person is not deaf or hard of hearing or is not dependent on an interpreter to ensure receptive or expressive communication, the appointing authority may require the person to furnish reasonable proof of his or her need fo…
Neb. Rev. Stat. § 20-155.01 Interpreter; oath required.
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In any proceeding in which a deaf or hard of hearing person is testifying under oath or affirmation, the interpreter shall take an oath or affirmation that he or she will make a true interpretation of the proceeding in an understandable manner to the best of his or her ability.
Neb. Rev. Stat. § 20-156 Commission; interpreters; video remote interpreting providers; licensure; requirements; fees; roster; disciplinary actions; review; injunctions authorized.
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(1) The Commission for the Deaf and Hard of Hearing shall license and evaluate licensed interpreters. The commission shall create the Interpreter Review Board pursuant to section 71-4728.05 to set policies, standards, and procedures for evaluation and licensing of interpreters. T…
Neb. Rev. Stat. § 20-156.01 Prohibited acts without license; licensure; application; civil penalty; commission; powers; acts authorized.
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(1) Except as otherwise provided in this section, no person or entity shall (a) practice as an interpreter for the deaf or hard of hearing for compensation, (b) hold himself, herself, or itself out as a licensed interpreter for the deaf or hard of hearing, (c) provide video remot…
Neb. Rev. Stat. § 20-158 Interpreter; privilege applicable.
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Whenever a deaf or hard of hearing person communicates through an interpreter under circumstances in which the communication would otherwise be privileged, the privilege shall apply to the interpreter as well.
Neb. Rev. Stat. § 20-159 Fees authorized.
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A licensed interpreter appointed pursuant to sections 20-150 to 20-159 is entitled to a fee for professional services and other relevant expenses as agreed between the licensed interpreter and the contracting entity. When the licensed interpreter is appointed by a court, the fee …
Neb. Rev. Stat. § 20-160 Employees of state or political subdivisions; prohibited from political activities during office hours, while performing official duties, or while wearing a uniform.
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Unless specifically restricted by a federal law or any other state law, no employee of the state or any political subdivision thereof, as defined in subdivision (2) of section 13-702, shall be prohibited from participating in political activities except during office hours or whe…
Neb. Rev. Stat. § 20-161 Sections; purpose.
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The purpose of sections 20-161 to 20-166 is to protect the legal and human rights of persons with developmental disabilities or mentally ill individuals by providing access to certain records of a person with developmental disabilities or of a mentally ill individual by the offic…
Neb. Rev. Stat. § 20-162 Terms, defined.
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For purposes of sections 20-161 to 20-166, unless the context otherwise requires: (1) Complaint shall mean any oral or written allegation by a person with a developmental disability or a mentally ill individual, the parent or guardian of such persons, a state agency, or any other…
Neb. Rev. Stat. § 20-163 Person with developmental disabilities; access to records; conditions.
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For the purpose of protecting the human and legal rights of a person with developmental disabilities, the protection and advocacy system shall be granted access to the records, by any person or entity having possession or control of such records, of a person with developmental di…
Neb. Rev. Stat. § 20-164 Mentally ill individual; access to records; conditions.
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(1) For the purpose of protecting the human and legal rights of a mentally ill individual or with respect to matters which occur within ninety days after the date of the discharge of such individual from a facility for mentally ill individuals, the protection and advocacy system …
Neb. Rev. Stat. § 20-165 Records; redisclosure; conditions.
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No record nor the contents of any record which identify or can be readily associated with the identity of the subject of the record shall be redisclosed by the protection and advocacy system without the specific written authorization of the subject or the subject's legally author…