Chapter 20, CIVIL RIGHTS
142 sections in this chapter.
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.
Neb. Rev. Stat. § 20-501 Racial profiling; legislative intent.
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Racial profiling is a practice that presents a great danger to the fundamental principles of a democratic society. It is abhorrent and cannot be tolerated. An individual who has been detained or whose vehicle has been stopped by the police for no reason other than the color of hi…
Neb. Rev. Stat. § 20-502 Racial profiling prohibited.
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(1) No member of the Nebraska State Patrol or a county sheriff's office, officer of a city or village police department, or member of any other law enforcement agency in this state shall engage in racial profiling. The disparate treatment of an individual who has been detained or…
Neb. Rev. Stat. § 20-503 Terms, defined.
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For purposes of sections 20-501 to 20-506: (1) Disparate treatment means differential treatment of persons on the basis of race, color, or national origin; (2) Motor vehicle stop means any stop of a motor vehicle, except for a stop of a motor truck, truck-tractor, semitrailer, tr…
Neb. Rev. Stat. § 20-504 Written racial profiling prevention policy; contents; Nebraska Commission on Law Enforcement and Criminal Justice; powers; duties; motor vehicle stop; record of information; failure to comply, effect; immunity; law enforcement officer, prosecutor, defense attorney, or probation officer; report required.
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(1) The Nebraska State Patrol, the county sheriffs, all city and village police departments, and any other law enforcement agency in this state shall adopt and provide a copy to the Nebraska Commission on Law Enforcement and Criminal Justice of a written policy that prohibits the…
Neb. Rev. Stat. § 20-505 Forms authorized.
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On or before January 1, 2002, the Nebraska Commission on Law Enforcement and Criminal Justice, the Superintendent of Law Enforcement and Public Safety, the Attorney General, and the State Court Administrator may adopt and promulgate (1) a form, in printed or electronic format, to…
Neb. Rev. Stat. § 20-506 Racial Profiling Advisory Committee; created; members; duties.
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(1) The Racial Profiling Advisory Committee is created. (2)(a) The committee shall consist of: (i) The executive director of the Nebraska Commission on Law Enforcement and Criminal Justice, who also shall be the chairperson of the committee; (ii) The Superintendent of Law Enforce…
Neb. Rev. Stat. § 20-601 Legislative declaration.
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The Legislature hereby declares that American Sign Language is recognized by the State of Nebraska as a distinct and separate language.
Neb. Rev. Stat. § 20-701 Act, how cited.
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Sections 20-701 to 20-705 shall be known and may be cited as the First Freedom Act.
Neb. Rev. Stat. § 20-702 Terms, defined.
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For purposes of the First Freedom Act: (1) Exercise of religion means the practice or observance of religion and includes any action that is motivated by a sincerely held religious belief, whether or not the exercise is compulsory or central to a larger system of religious belief…
Neb. Rev. Stat. § 20-703 Right to the exercise of religion; operation of a religious organization during a state of emergency; restrictions on state action.
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Notwithstanding any other provision of law, state action shall not: (1) Substantially burden a person's right to the exercise of religion unless it is demonstrated that applying the burden to that person's exercise of religion in this particular instance is essential to further a…
Neb. Rev. Stat. § 20-704 Civil action; assertion of defense; appropriate relief.
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(1) A person or religious organization whose exercise of religion or religious service has been burdened or restricted, or is likely to be burdened or restricted, in violation of the First Freedom Act, may bring a civil action or assert such violation or impending violation as a …
Neb. Rev. Stat. § 20-705 Act; applicability.
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The First Freedom Act applies to all state and local laws, and the implementation of those laws, whether statutory or otherwise, regardless of whether adopted before or after July 19, 2024.
Neb. Rev. Stat. § 20-801 Act, how cited.
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Sections 20-801 to 20-804 shall be known and may be cited as the Personal Privacy Protection Act.
Neb. Rev. Stat. § 20-802 Terms, defined.
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For purposes of the Personal Privacy Protection Act: (1) Nonprofit organization means a nonprofit organization holding a certificate of exemption under section 501(c) of the Internal Revenue Code; (2) Person means any individual, partnership, limited liability company, corporatio…
Neb. Rev. Stat. § 20-803 Personal information; exempt from disclosure; public agency; prohibited acts; contractor or grantee; protected information; applicability.
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(1) Notwithstanding any provision of law to the contrary, and except as otherwise provided in this section, each public agency is prohibited from: (a) Requiring any individual to provide personal information or otherwise compelling the release of personal information; (b) Requiri…
Neb. Rev. Stat. § 20-804 Civil action; appropriate relief.
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Any person aggrieved by a violation of the Personal Privacy Protection Act may bring a civil action for appropriate relief. Appropriate relief includes: (1) The greater of actual damages or two thousand five hundred dollars in liquidated damages per violation; and (2) Such prelim…