Chapter 20 — CIVIL RIGHTS
166 sections in this chapter.
Neb. Rev. Stat. § 20-311 Familial status, defined.
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Familial status shall mean one or more minors being domiciled with: (1) A parent or another person having legal custody of such individual; or (2) The designee of a parent or other person having legal custody, with the written permission of the parent or other person. The protect…
Neb. Rev. Stat. § 20-312 Family, defined.
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Family shall include a single individual.
Transferred to section 20-308.01.
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[Repealed or reserved.]
Neb. Rev. Stat. § 20-314 Person, defined.
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Person shall include one or more individuals, corporations, partnerships, limited liability companies, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receiv…
Neb. Rev. Stat. § 20-315 Rent, defined.
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Rent shall include lease, sublease, let, and otherwise grant for consideration the right to occupy premises not owned by the occupant.
Neb. Rev. Stat. § 20-316 Respondent, defined.
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Respondent shall mean: (1) The person or other entity accused in a complaint of a discriminatory housing practice; and (2) Any other person or entity identified in the course of investigation and notified as required with respect to respondents so identified under section 20-326.
Neb. Rev. Stat. § 20-317 Restrictive covenant, defined.
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Restrictive covenant shall mean any specification limiting the transfer, rental, or lease of any housing because of race, creed, religion, color, national origin, sex, disability, familial status, ancestry, or military or veteran status.
Neb. Rev. Stat. § 20-318 Unlawful acts enumerated.
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Except as exempted by section 20-322, it shall be unlawful to: (1) Refuse to sell or rent after the making of a bona fide offer, refuse to negotiate for the sale or rental of or otherwise make unavailable or deny, refuse to show, or refuse to receive and transmit an offer for a d…
Neb. Rev. Stat. § 20-319 Person with a disability; discriminatory practices prohibited; design and construction standards; enforcement of act.
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(1) Except as exempted by section 20-322, it shall be unlawful to: (a) Discriminate in the sale or rental of or otherwise make unavailable or deny a dwelling to any buyer or renter because of a disability of: (i) The buyer or renter; (ii) Any person associated with the buyer or r…
Neb. Rev. Stat. § 20-320 Transaction related to residential real estate; discriminatory practices prohibited.
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(1) Except as exempted by section 20-322, it shall be unlawful for any person or other entity whose business includes engaging in transactions related to residential real estate to discriminate against any person in making available such a transaction or in the terms or condition…
Neb. Rev. Stat. § 20-321 Multiple listing service; other service, organization, or facility; discriminatory practices prohibited.
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It shall be unlawful to deny any person access to or membership or participation in any multiple listing service, real estate brokers organization, or other service, organization, or facility relating to the business of selling or renting dwellings or to discriminate against any …
Neb. Rev. Stat. § 20-322 Religious organization, private home, private club, or housing for older persons; restricting use not prohibited; local restrictions; how treated; controlled substances; illegal activities; effect.
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(1) Nothing in the Nebraska Fair Housing Act shall prohibit a religious organization, association, or society or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society from limiting…
Neb. Rev. Stat. § 20-323 Affirmative action required; cooperation with commission.
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All executive departments, state agencies, and independent instrumentalities exercising essential public functions, including any state agency having regulatory or supervisory authority over financial institutions, shall administer their programs and activities relating to housin…
Neb. Rev. Stat. § 20-324 Equal Opportunity Commission; educational and conciliatory activities; programs of compliance and enforcement.
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The commission shall conduct such educational and conciliatory activities as in the commission's judgment will further the purposes of the Nebraska Fair Housing Act. The commission shall call conferences of persons in the housing industry and other interested persons to acquaint …
Neb. Rev. Stat. § 20-325 Commission; duties.
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The commission shall: (1) Make studies with respect to the nature and extent of discriminatory housing practices in representative urban, suburban, and rural communities throughout the state; (2) Publish and disseminate reports, recommendations, and information derived from such …
Neb. Rev. Stat. § 20-326 Discriminatory housing practice; complaint; procedure; investigation.
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(1)(a)(i) An aggrieved person may, not later than one year after an alleged discriminatory housing practice has occurred or terminated, file a complaint with the commission alleging such discriminatory housing practice. The commission, on its own initiative, may also file such a …
Neb. Rev. Stat. § 20-327 Complaint; conciliation; conciliation agreement; effect.
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(1) During the period beginning with the filing of the complaint and ending with the issuance of a charge or a dismissal by the commission, the commission shall, to the extent feasible, engage in conciliation with respect to the complaint. (2) A conciliation agreement shall be an…
Neb. Rev. Stat. § 20-328 Final investigative report; contents; amendment.
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(1) At the end of each investigation of a complaint, the commission shall prepare a final investigative report containing: (a) The names and dates of contacts with witnesses; (b) A summary and the dates of correspondence and other contacts with the aggrieved person and the respon…
Neb. Rev. Stat. § 20-329 Conciliation agreement; breach; civil action authorized.
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Whenever the commission has reasonable cause to believe that a respondent has breached a conciliation agreement, the commission shall refer the matter to the Attorney General for filing of a civil action under section 20-343 for the enforcement of such agreement.
Neb. Rev. Stat. § 20-330 Conciliation proceedings; investigations; restrictions on use of information.
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(1) Except as provided in subsection (5) of section 20-327, nothing said or done in the course of conciliation may be made public or used as evidence in a subsequent proceeding under the Nebraska Fair Housing Act without the written consent of the persons concerned. All records c…
Neb. Rev. Stat. § 20-331 Temporary or preliminary relief; other proceedings; actions authorized.
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(1) If the commission concludes at any time following the filing of a complaint that prompt judicial action is necessary to carry out the purposes of the Nebraska Fair Housing Act, the commission may authorize a civil action for appropriate temporary or preliminary relief pending…
Neb. Rev. Stat. § 20-332 Complaint; referral to local agency; procedure; certification of local agency.
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(1) Whenever a complaint alleges a discriminatory housing practice (a) within the jurisdiction of a local agency in an incorporated city or a county and (b) as to which the agency has been certified by the commission under this section, the commission shall refer the complaint to…
Neb. Rev. Stat. § 20-333 Commission; discriminatory housing practice; determination; charge; contents; service; referral to Attorney General; dismissal of complaint.
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(1)(a) The commission shall, within one hundred days after the filing of the complaint or after the commencement of further action under section 20-332, determine based on the facts whether reasonable cause exists to believe that a discriminatory housing practice has occurred or …
Neb. Rev. Stat. § 20-334 Commission; subpoenas; discovery orders; violations; penalty.
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(1) The commission may issue subpoenas and order discovery in aid of investigations and hearings under the Nebraska Fair Housing Act. The subpoenas and discovery may be ordered to the same extent and subject to the same limitations as would apply if the subpoenas or discovery wer…
Neb. Rev. Stat. § 20-335 Civil action in lieu of hearing; election authorized.
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When a charge is issued under section 20-333, a complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed may elect to have the claims asserted in that charge decided in a civil action under section 20-340 in lieu of a hearing under section 20-336.…
Neb. Rev. Stat. § 20-336 Commission; hearings; hearing officer; appearance; discovery; discontinuance of proceedings; when.
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(1) If an election is not made under section 20-335 with respect to a charge issued under section 20-333, the commission shall provide an opportunity for a hearing on the record with respect to the charge. The commission shall delegate the conduct of a hearing under this section …
Neb. Rev. Stat. § 20-337 Hearing officer; powers and duties; civil penalties; order; effect.
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(1) The hearing officer shall commence the hearing no later than one hundred twenty days following the issuance of the charge unless it is impracticable to do so. If the hearing officer is unable to commence the hearing within one hundred twenty days, he or she shall notify the c…
Neb. Rev. Stat. § 20-338 Finding, conclusion, or order; review; final order; service.
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(1) The commission may review any finding, conclusion, or order issued under section 20-337. The review shall be completed not later than thirty days after the finding, conclusion, or order is so issued or the finding, conclusion, or order will become final. (2) The commission sh…
Neb. Rev. Stat. § 20-339 Appeal; enforcement of hearing officer's order; procedure.
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(1) Any party aggrieved by a final order granting or denying in whole or in part the relief sought may appeal the order. The appeal shall be in accordance with the Administrative Procedure Act, except that venue of the proceeding shall be in the county in which the discriminatory…
Neb. Rev. Stat. § 20-340 Civil action in lieu of hearing; relief authorized.
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(1) If an election is made under section 20-335 to have the claims asserted in the charge decided in a civil action, the commission shall authorize, and not later than thirty days after the election is made the Attorney General shall commence and maintain, a civil action on behal…
Neb. Rev. Stat. § 20-341 Attorney's fees and costs; when allowed.
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In any administrative proceeding brought under section 20-336, any court proceeding arising from such a proceeding, or any civil action under section 20-340, the hearing officer or the court, as the case may be, may allow the prevailing party, other than the state, reasonable att…
Neb. Rev. Stat. § 20-342 Statute of limitations; civil action; rights and duties of parties; remedies allowed; attorney's fees and costs.
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(1)(a)(i) An aggrieved person may commence a civil action in an appropriate district court not later than two years after the occurrence or the termination of an alleged discriminatory housing practice or the breach of a conciliation agreement entered into under section 20-327, w…
Neb. Rev. Stat. § 20-343 Attorney General; civil action; powers and duties; relief authorized; intervention; when permitted.
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(1) Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights granted by the Nebraska Fair Housing Act or that any group of persons has been denied…
Neb. Rev. Stat. § 20-344 Violations; penalty.
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It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise of enjoyment of or on account of the person having exercised or enjoyed or having aided and encouraged any other person in the exercise of benefits and rights guaranteed by the Nebr…
Neb. Rev. Stat. § 20-401 Act, how cited.
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Sections 20-401 to 20-416 shall be known and may be cited as the Rights of the Terminally Ill Act.
Neb. Rev. Stat. § 20-402 Statement of policy.
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(1) The Legislature recognizes the common-law right and a constitutionally protected liberty interest for people to direct their medical treatment. The exercise of such right and liberty interest is subject to certain state interests in preserving life, preventing homicide and su…
Neb. Rev. Stat. § 20-403 Definitions.
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For purposes of the Rights of the Terminally Ill Act, unless the context otherwise requires: (1) Adult shall mean any person who is nineteen years of age or older or who is or has been married; (2) Attending physician shall mean the physician who has primary responsibility for th…
Neb. Rev. Stat. § 20-404 Declaration relating to use of life-sustaining treatment.
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(1) An adult of sound mind may execute at any time a declaration governing the withholding or withdrawal of life-sustaining treatment. The declaration must be signed by the declarant or another person at the declarant's direction and witnessed by two adults or a notary public. No…
Neb. Rev. Stat. § 20-405 When declaration operative.
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A declaration shall become operative when (1) it is communicated to the attending physician, (2) the declarant is determined by the attending physician to be in a terminal condition or in a persistent vegetative state, (3) the declarant is determined by the attending physician to…
Neb. Rev. Stat. § 20-406 Revocation of declaration.
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(1) A declarant may revoke a declaration at any time and in any manner without regard to the declarant's mental or physical condition. A revocation shall be effective upon its communication to the attending physician or other health care provider by the declarant or a witness to …
Neb. Rev. Stat. § 20-407 Recording determination of terminal condition and declaration.
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When the attending physician has knowledge of a declaration and, after personal examination, has determined that a declarant is in a terminal condition or in a persistent vegetative state, the attending physician shall record the diagnosis, determination, and the terms of the dec…
Neb. Rev. Stat. § 20-408 Treatment of qualified patients.
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(1) A qualified patient may make decisions regarding life-sustaining treatment so long as the patient is able to do so. (2) The Rights of the Terminally Ill Act shall not affect the responsibility of the attending physician or other health care provider to provide treatment, incl…
Neb. Rev. Stat. § 20-409 Transfer of patients.
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An attending physician or other health care provider who is unwilling to comply with the Rights of the Terminally Ill Act shall take all reasonable steps as promptly as practicable to transfer care of the declarant to another physician or health care provider who is willing to do…
Neb. Rev. Stat. § 20-410 Immunities.
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(1) A physician or other health care provider shall not be subject to civil or criminal liability or discipline for unprofessional conduct for giving effect to a declaration in the absence of knowledge of the revocation of a declaration. (2) A physician or other health care provi…
Neb. Rev. Stat. § 20-411 Penalties.
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(1) A physician or other health care provider who willfully fails to transfer the care of a patient in accordance with section 20-409 shall be guilty of a Class I misdemeanor. (2) A physician who willfully fails to record a determination of terminal condition or persistent vegeta…
Neb. Rev. Stat. § 20-412 Miscellaneous provisions.
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(1) Death resulting from the withholding or withdrawal of life-sustaining treatment in accordance with the Rights of the Terminally Ill Act shall not constitute, for any purpose, a suicide or homicide. (2) The making of a declaration pursuant to section 20-404 shall not affect th…
Neb. Rev. Stat. § 20-413 When health care provider may presume validity of declaration.
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In the absence of knowledge to the contrary, a physician or other health care provider may assume that a declaration complies with the Rights of the Terminally Ill Act and is valid.
Neb. Rev. Stat. § 20-414 Recognition of declaration executed in another state.
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A declaration executed in another state in compliance with the law of that state or of this state shall be valid for purposes of the Rights of the Terminally Ill Act.
Neb. Rev. Stat. § 20-415 Effect of previous declaration.
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An instrument executed anywhere before July 15, 1992, which substantially complies with subsection (1) of section 20-404 shall be effective under the Rights of the Terminally Ill Act.
Neb. Rev. Stat. § 20-416 Uniformity of application and construction.
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The Rights of the Terminally Ill Act shall be applied and liberally construed so as to effectuate its general purposes.