Nebraska Age Discrimination laws & HR compliance analysis

Nebraska Age Discrimination: What you need to know

The Nebraska Age Discrimination in Employment Act prohibits discrimination in employment against applicants or employees who are at least 40 years of age (NE Rev. Stat. Sec. 48-1001et seq.). The Act applies to all public employers and private employers with 20 or more employees. Under the Act, it is unlawful to:
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• Refuse to hire, discharge, or otherwise discriminate against any individual with respect to the terms, conditions, or privileges of employment because of the individual's age, when the reasonable demands of the position do not require such an age distinction.
• Willfully utilize any employment agency, placement service, training school or center, labor organization, or any other source that discriminates on the basis of age.
• Discriminate against individuals or to limit, segregate, or classify membership in a labor organization in any way that would deprive them of employment opportunities or would otherwise adversely affect an individual's status as an employee or applicant.
• Discharge or otherwise discriminate against any person because they opposed any unlawful employment practice, filed a charge, or testified, participated, or assisted in any proceeding under the Act.
• Fail or refuse to refer for employment or otherwise to discriminate against any individual because of his or her age.
Bona fide occupational qualification (BFOQ) exception. An employer may take age into consideration in making employment decisions if age is a BFOQ reasonably necessary to the normal operation of the employer's business (e.g., hiring actors to portray individuals of a certain age, or hiring persons to advertise goods designed for a specific age group). Such situations are rare, and employers should ...

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