The Nebraska Fair Employment Practice Act prohibits employment practices that discriminate based on physical or mental disability (NE Rev. Stat. Sec. 48-1101 et seq.). The law covers private employers with 15 or more employees and all state and government agencies regardless of size.
The term “disability” means:
• A physical or mental impairment that substantially limits one or more major life activities
• A record of such an impairment
• Being regarded as having such an impairment
The term disability does not include homosexuality, bisexuality, transvestism, transsexualism, pedophilia, voyeurism, exhibitionism, gender-identity disorders not resulting in physical impairments, other sexual behavior disorders, problem gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from current illegal use of drugs (NE Rev. Stat. Sec. 48-1102 (9)).
Federal law compared. The federal Americans with Disabilities Act (ADA) has similar provisions to the state law. However, under the ADA, a person is “regarded as” having an ADA disability if he or she is subjected to an adverse employment action (e.g., demotion or firing) because of an actual or perceived impairment. The impairment is not required to substantially limit a major life activity to meet the definition of a “regarded as” disability.
The ADA covers private employers with 15 or more employees.
Applicants. State law prohibits employers from conducting a medical examination or making inquiries of a job applicant to determine the existence, nature, or extent of a disability, except that:
• An employer may make preemployment inquiries into the ability of an applicant to perform job-related ...