The Nebraska Fair Employment Practices Act (NFEPA) prohibits discrimination in employment on the basis of race or color (NE Rev. Stat. Sec. 48-1101 et seq.). The NFEPA applies to all public employers and private employers with 15 or more employees. Under the NFEPA, it is unlawful to:
• Fail or refuse to hire, or to discharge, any individual, or to otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of the individual's race or color.
• Harass any individual because of race or color.
• Limit, segregate, or classify employees in any way that would deprive any individual of employment opportunities or otherwise adversely affect the individual's status as an employee, because of race or color.
• Discriminate against any individual because of race or color in admission to, or employment in, any program established to provide apprenticeship or other training.
• Discriminate against an individual who has opposed any practice made an unlawful employment practice by the Act, or made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing.
• Print or publish any notice or advertisement relating to employment indicating any preference, limitation, specification, or discrimination based on race or color.
Liability for employee's conduct. The 8th Circuit Court of Appeals has ruled that customers of a retail store can pursue a claim of racial discrimination against the retailer for discriminatory conduct by a store clerk (Green v. Dillard's, Inc., 483 F. 3d 533 (8th Cir. 2007) (cert. denied 2008)). In this case, the evidence indicated the retailer knew of the clerk's hostile propensities ...