Chapter 20 — CIVIL RIGHTS
166 sections in this chapter.
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to the public shall be required to disclose in any federal or state proceeding: (1) The source of any published or unpublished, broadcast or nonbroadcast information obtained i…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…
Transferred to section 20-155.01.
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[Repealed or reserved.]
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…
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,…