The Nebraska Fair Employment Practice Act (FEPA) prohibits discrimination in employment based on sex or marital status (NE Rev. Stat. Sec. 48-1101et seq.). Sex is defined as including pregnancy, childbirth, or related medical conditions (NE Rev. Stat. Sec. 48-1102 (13)). The FEPA applies to all public and private employers with 15 or more employees. It is unlawful to discriminate on the basis of sex in the admission to, or employment in, any program designed to provide apprenticeship or other training (NE Rev. Stat. Sec. 48-1107). Contractors with state public works contracts are also prohibited from sex discrimination, and all such contracts must include a clause to that effect.
Bona fide occupational qualification (BFOQ) exception. Differences in treatment are permissible where sex, marital status, pregnancy or a related medical condition is a BFOQ reasonably necessary to the normal operation of the employer's business. Employment-related advertising indicating any preference, limitation, specification, or discrimination based on sex or martial status may be permissible only if sex or marital status is a BFOQ for the position in question. The BFOQ exception applies only in limited circumstances, and employers should use caution in relying on such a rationale when making employment decisions that have a discriminatory effect.
Antinepotism policies. The FEPA permits employers to refuse employment based on a policy of not employing both husband and wife if such policy is equally applied to both sexes (NE Rev. Stat. Sec. 48-1111(1)).
Maternity and pregnancy. Under the federal Pregnancy Discrimination Act, employers with 15 or more employees must provide the same leave benefits to women affected by ...