Nebraska Selection and Testing laws & HR compliance analysis

Nebraska Selection and Testing: What you need to know

The Nebraska Fair Employment Practice Act prohibits discrimination based on race, color, religion, sex (includes pregnancy, childbirth, and related medical conditions), physical or mental disability, marital status, or national origin. In addition, employers are prohibited from printing or publishing any job notice or advertisement indicating a discriminatory preference, specification, or limitation, unless the qualification is a bona fide occupational qualification (BFOQ). The law applies to employers that have employed 15 or more employees during each working day for 20 or more weeks in the current or prior year (NE Rev. Stat. Sec. 48-1101 et seq.).
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The Nebraska AIDS Discrimination Act prohibits employment discrimination based on an individual's actual or perceived HIV infection or AIDS status, unless the health or safety of others is threatened or the affected individual is unable to perform required job duties (NE Rev. Stat. Sec. 20-167 et seq.).
The Nebraska Age Discrimination in Employment Act prohibits discrimination based on age (40 years and over), unless age is a BFOQ. The law applies to all employers with 20 or more employees (NE Rev. Stat. Sec. 48-1001 et seq.).
Employers may generally use any professionally developed ability test (i.e., any paper and pencil or performance measure) so long as they are not designed, intended, or used to discriminate against a protected individual or class of individuals.
State employers may conduct physical and medical examinations but should be sure to follow the guidelines provided by the Americans with Disabilities Act (ADA), which prohibits employers from requiring an applicant to ...

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