The Nebraska Fair Employment Practices Act (FEPA) prohibits employers from harassing or discriminating against any individual on the basis of sex, including pregnancy, childbirth, and related medical conditions (NE Rev. Stat. Sec. 48-1101 et seq.). The FEPA applies to all public employers and private employers with 15 or more employees.
Retaliation prohibited. Employers are prohibited from discriminating against any employee or applicant who has opposed an unlawful employment practice, made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under the FEPA. Retaliation is also prohibited against an individual who has opposed a practice that is unlawful under federal or state law.
Evidence of harassment. The 8th Circuit Court of Appeals has ruled that evidence of other sexual harassment claims against an employer (commonly referred to as "me too" evidence) may be presented to show the severity and pervasiveness of a hostile work environment, even if the plaintiff was unaware of the other incidents when she filed her claim (Sandoval v. Am. Bldg. Maint. Indus., 578 F. 3d 787 (8th Cir. 2009)). The court also ruled that the harassment claims of other employees can be used as evidence that the employer had constructive notice that harassment was occurring in the workplace.
The FEPA defines “sexual harassment” as making unwelcome sexual advances, requesting sexual favors, and engaging in other verbal or physical conduct of a sexual nature if:
• Submission to the conduct is made a term or condition of an individual's employment,
• Submission to or rejection of the conduct by an individual is used as the basis for employment decisions ...