Chapter 20, CIVIL RIGHTS
142 sections in this chapter.
Neb. Rev. Stat. § 20-166 Protection and advocacy system; pursuit of administrative remedies; when required.
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(1) Prior to instituting any legal action in a federal or state court on behalf of a mentally ill individual or a person with developmental disabilities, the protection and advocacy system shall exhaust in a timely manner all administrative remedies when appropriate. If, in pursu…
Neb. Rev. Stat. § 20-167 Discrimination; legislative intent; state agencies; duties.
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It is the intent of the Legislature that no person should be discriminated against on the basis of having taken a human immunodeficiency virus antibody or antigen test. Each agency of state government shall examine policies and practices within its jurisdiction that may intention…
Neb. Rev. Stat. § 20-168 Employment, dwelling, school district, place of public accommodation; discrimination prohibited; civil action; authorized.
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(1) An employer shall not (a) refuse to hire an individual, (b) discharge an individual, or (c) otherwise discriminate against an individual with respect to compensation or terms, conditions, or privileges of employment on the basis that the individual is suffering or is suspecte…
Neb. Rev. Stat. § 20-169 Individual; threat to health or safety; unable to perform duties; effect.
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Actions otherwise prohibited by subsections (1) and (3) of section 20-168 shall not constitute a violation of the requirements of such section if the individual suffering from or suspected of suffering from human immunodeficiency virus infection or acquired immunodeficiency syndr…
Neb. Rev. Stat. § 20-170 Mother; right to breast-feed child; school; provide facilities or accommodation for milk expression and storage.
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Notwithstanding any other provision of law, a mother may breast-feed her child in any public or private location where the mother is otherwise authorized to be, including, but not limited to, a mother who is attending a public, private, denominational, or parochial day school whi…
Neb. Rev. Stat. § 20-201 Right of privacy; legislative intent.
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It is the intention of the Legislature to provide a right of privacy as described and limited by sections 20-201 to 20-211 and 25-840.01, and to give to any natural person a legal remedy in the event of violation of the right.
Neb. Rev. Stat. § 20-202 Invasion of privacy; exploitation of a person for advertising or commercial purposes; situations; not applicable.
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Any person, firm, or corporation that exploits a natural person, name, picture, portrait, or personality for advertising or commercial purposes shall be liable for invasion of privacy. The provisions of this section shall not apply to: (1) The publication, printing, display, or u…
Neb. Rev. Stat. § 20-203 Invasion of privacy; trespass or intrude upon a person's solitude.
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Any person, firm, or corporation that trespasses or intrudes upon any natural person in his or her place of solitude or seclusion, if the intrusion would be highly offensive to a reasonable person, shall be liable for invasion of privacy.
Neb. Rev. Stat. § 20-204 Invasion of privacy; place person before public in false light.
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Any person, firm, or corporation which gives publicity to a matter concerning a natural person that places that person before the public in a false light is subject to liability for invasion of privacy, if: (1) The false light in which the other was placed would be highly offensi…
Neb. Rev. Stat. § 20-205 Publication or intrusion; not actionable; when.
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Any publication or intrusion otherwise actionable under section 20-202, 20-203, or 20-204 shall be justified and not actionable under sections 20-201 to 20-211 and 25-840.01 if the subject of such publication or intrusion expressly or by implication consents to the publicity or i…
Neb. Rev. Stat. § 20-206 Right of privacy; defenses and privileges.
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In addition to any defenses and privileges created in sections 20-201 to 20-211 and 25-840.01, the statutory right of privacy created in sections 20-201 to 20-211 and 25-840.01 shall be subject to the following defenses and privileges: (1) All applicable federal and Nebraska stat…
Neb. Rev. Stat. § 20-207 Invasion of privacy; action; nonassignable.
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The action for invasion of privacy created by sections 20-201 to 20-211 and 25-840.01 shall be personal to the subject of the invasion and shall in no case be assignable.
Neb. Rev. Stat. § 20-208 Invasion of privacy; death of subject; effect.
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The right of action for invasion of privacy created by sections 20-201 to 20-211 and 25-840.01, with the single exception of the action arising out of exploitation of a person's name or likeness in section 20-202, shall not be deemed to survive the death of the subject of any suc…
Neb. Rev. Stat. § 20-209 Libel, slander, or invasion of privacy; one cause of action.
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No person shall have more than one cause of action for damages for libel or slander or invasion of privacy or any other tort founded upon any single publication, exhibition, or utterance, such as any one issue of a newspaper or book or magazine or any one presentation to an audie…
Neb. Rev. Stat. § 20-210 Judgment; bar against other actions.
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A judgment in any jurisdiction for or against the plaintiff upon the substantive merits of any action for damages founded upon a single publication, exhibition, or utterance as described in section 20-209 shall bar any other action for damages by the same plaintiff against the sa…
Neb. Rev. Stat. § 20-211 Invasion of privacy; statute of limitations.
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An action for invasion of privacy must be brought within one year of the date the cause of action arose.
Neb. Rev. Stat. § 20-301 Act, how cited.
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Sections 20-301 to 20-344 shall be known and may be cited as the Nebraska Fair Housing Act.
Neb. Rev. Stat. § 20-302 Civil rights; policy of state.
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It is the policy of the State of Nebraska that there shall be no discrimination in the acquisition, ownership, possession, or enjoyment of housing throughout the State of Nebraska in accordance with Article I, section 25, of the Constitution of Nebraska.
Neb. Rev. Stat. § 20-303 Definitions, where found.
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For purposes of the Nebraska Fair Housing Act, the definitions found in sections 20-304 to 20-317 shall be used.
Neb. Rev. Stat. § 20-304 Aggrieved person, defined.
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Aggrieved person shall include any person who: (1) Claims to have been injured by a discriminatory housing practice; or (2) Believes that he or she will be injured by a discriminatory housing practice that is about to occur.
Neb. Rev. Stat. § 20-305 Commission, defined.
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Commission shall mean the Equal Opportunity Commission.
Neb. Rev. Stat. § 20-306 Complainant, defined.
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Complainant shall mean the person, including the commission, who files a complaint under section 20-326.
Neb. Rev. Stat. § 20-307 Conciliation, defined.
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Conciliation shall mean the attempted resolution of issues raised by a complaint or by the investigation of a complaint through informal negotiations involving the aggrieved person, the respondent, and the commission.
Neb. Rev. Stat. § 20-308 Conciliation agreement, defined.
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Conciliation agreement shall mean a written agreement setting forth the resolution of the issues in conciliation.
Neb. Rev. Stat. § 20-308.01 Disability, defined.
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Disability has the same meaning as in 42 U.S.C. 12102, as such section existed on January 1, 2021. Disability shall not include current, illegal use of or addiction to a controlled substance as defined in section 28-401.
Neb. Rev. Stat. § 20-309 Discriminatory housing practice, defined.
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Discriminatory housing practice shall mean an act that is unlawful under section 20-318, 20-319, 20-320, 20-321, or 20-344.
Neb. Rev. Stat. § 20-310 Dwelling, defined.
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Dwelling shall mean any building, structure, or portion thereof which is occupied as or designed or intended for occupancy as a residence for one or more families and any vacant land which is offered for sale or lease for the construction or location thereon of any such building,…
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.
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…