Nebraska Application Forms laws & HR compliance analysis

Nebraska Application Forms: What you need to know

The Nebraska Fair Employment Practice Act (FEPA) prohibits employers from limiting, advertising, soliciting, segregating, or classifying individuals in any way that deprives them of employment opportunities on the basis of race, color, religion, sex, disability, marital status, or national origin (NE Rev. Stat. Sec. 48-1104 and NE Rev. Stat. Sec. 48-1107.02). Separate laws prohibit practices that discriminate on the basis of age (40 years and over), acquired immunodeficiency syndrome (AIDS), and genetic test information (NE Rev. Stat. Sec. 48-1001 et seq. ,NE Rev. Stat. Sec. 20-167 et seq., and NE Rev. Stat. Sec. 48-236 et seq.). As a general rule, applicants should not be asked about any protected characteristic, either on an application form or in a job interview, unless there is a BFOQ (NE Rev. Stat. Sec. 48-1108).
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Retaliation. Employers are also prohibited from retaliating against a job applicant who has opposed any unlawful employment practice, made a charge, testified, assisted, or participated in a proceeding under the act, or opposed any practice or refused to carry out any action unlawful under federal law or state law (NE Rev. Stat. Sec. 48-1114).
Covered employers. The fair employment law covers all public employers and private employers with 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year (NE Rev. Stat. Sec. 48-1102). The age discrimination law covers all public employers and private employers with 20 or more employees (NE Rev. Stat. Sec. 48-1002), and the genetic testing law applies to all employers, regardless of size (NE Rev. Stat. Sec. 48-236).
Under Nebraska's fair employment law, the bona fide ...

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