Nebraska Pre-Employment Inquiries (Interviewing): What you need to know

The Nebraska Fair Employment Practice Act prohibits employment practices that discriminate on the basis of race, color, religion, sex, disability, marital status, or national origin (NE Rev. Stat. Sec. 48-1101 et seq.). A separate law prohibits practices that discriminate on the basis of age (NE Rev. Stat. Sec. 48-1001 et seq.). As a general rule, applicants should not be asked about any of these characteristics, either on an application form or in a job interview, unless there is a bona fide occupational qualification (BFOQ).
Retaliation prohibited. Employers are also prohibited from retaliating against an applicant or employee who has:
• Opposed an unlawful employment practice
• Made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under state fair employment law
• Opposed any practice or refused to carry out any action that is unlawful under federal law or state law
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The fair employment law covers employers with 15 or more employees. The age discrimination law covers employers with 20 or more employees.
Acquired immunodeficiency syndrome (AIDS) policy. Nebraska's AIDS Discrimination Act prohibits employment discrimination against people who have or are suspected to have a human immunodeficiency virus (HIV) infection or AIDS, except where the health and safety of others is threatened, or where the individual is unable to perform the duties of the job (NE Rev. Stat. Sec. 20-167).
Genetic testing. Employers are prohibited from requiring an employee or job applicant to submit to a genetic test or to provide genetic information as a condition of employment or promotion (NE Rev. Stat. Sec. 48-236).
The federal Genetic Information Nondiscrimination Act ...

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Record retention is complex and time consuming. However, in addition to complying with various federal and state laws, keeping good, well-organized records can be very helpful in documenting and supporting an organization’s employment actions.
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