48-1003. Limitation on prohibitions; practices not prevented or precluded. (1) The prohibitions of the Age Discrimination in Employment Act shall be limited to the employment of individuals who are forty years or more of age. (2) Nothing contained in the act shall be construed as making it unlawful for an employer, employment agency, or labor […]
48-1004. Unlawful employment practices; enumerated. (1) It shall be an unlawful employment practice for an employer: (a) To refuse to hire, to discharge, or otherwise to discriminate against any individual with respect to the employee’s terms, conditions, or privileges of employment, otherwise lawful, because of such individual’s age, when the reasonable demands of the position […]
48-1005. Violations; penalty. Any person who violates any provision of the Age Discrimination in Employment Act or who forcibly resists, opposes, impedes, intimidates, or interferes with the Equal Opportunity Commission or any of its duly authorized representatives while engaged in its, his, or her duties under the act shall be guilty of a Class III […]
48-1007. Equal Opportunity Commission; enforcement; powers. The Age Discrimination in Employment Act shall be administered by the Equal Opportunity Commission as established by section 48-1116. The commission shall have the power (1) to make delegations, to appoint such agents and employees and to pay for technical assistance, including legal assistance, on a fee-for-service basis, as […]
48-1008. Alleged violation; aggrieved person; complaint; investigation; civil action, when; filing, effect; written change; limitation on action; respondent; file written response; commission; powers. (1) Any person aggrieved by a suspected violation of the Age Discrimination in Employment Act shall file with the Equal Opportunity Commission a formal complaint in such manner and form prescribed by […]
48-1009. Court; jurisdiction; relief. In any action brought to enforce the Age Discrimination in Employment Act, the court shall have jurisdiction to grant such legal or equitable relief as the court deems appropriate to effectuate the purposes of the act, including judgments compelling employment, reinstatement, or promotion, or enforcing liability for amounts deemed to be […]
48-101. Personal injury; employer’s liability; compensation, when. When personal injury is caused to an employee by accident or occupational disease, arising out of and in the course of his or her employment, such employee shall receive compensation therefor from his or her employer if the employee was not willfully negligent at the time of receiving […]
48-101.01. Mental injuries and mental illness; first responder; frontline state employee; county correctional officer; legislative findings; evidentiary burden; compensation; when; first responder; annual resilience training; reimbursement; department; duties. (1) The Legislature finds and declares: (a) The occupations of first responders are recognized as stressful occupations. Only our nation’s combat soldiers endure more stress. Similar to […]
48-1010. Suits against governmental bodies; authorized. The state, governmental agencies, and political subdivisions may be sued upon claims arising under the Age Discrimination in Employment Act in the same manner as provided by such act for suits against other employers. Source Laws 1983, LB 424, § 4; Laws 2007, LB265, § 21.
48-102. Employer’s liability; negligence; action; defenses denied. In all cases brought under sections 48-101 to 48-108, it shall not be a defense (a) that the employee was negligent, unless it shall also appear that such negligence was willful, or that the employee was in a state of intoxication; (b) that the injury was caused by […]
48-103. Employer’s liability; defenses; when not available. If an employer, as defined in section 48-106, does not carry a policy of workers’ compensation insurance nor qualify as a self-insurer or, in the case of an employer who is a lessor of one or more commercial motor vehicles leased to a self-insured motor carrier, is not […]
48-105. Preceding sections; application. The provisions of sections 48-101 to 48-103 shall apply to any claim for the death of an employee arising under sections 30-809 and 30-810 concerning death by wrongful act. Source Laws 1913, c. 198, § 5, p. 580; R.S.1913, § 3646; C.S.1922, § 3028; C.S.1929, § 48-105; R.S.1943, § 48-105; Laws […]
48-106. Employer; coverage of act; excepted occupations; election to provide compensation. (1) The Nebraska Workers’ Compensation Act shall apply to the State of Nebraska, to every governmental agency created by the state, and, except as provided in this section, to every resident employer in this state and nonresident employer performing work in this state who […]
48-107. Employer’s liability; employee’s willful negligence; burden of proof. In all actions at law brought pursuant to sections 48-101 to 48-108 the burden of proof to establish willful negligence of the injured employee shall be on the defendant. Source Laws 1913, c. 198, § 7, p. 580; R.S.1913, § 3648; C.S.1922, § 3030; C.S.1929, § […]
48-108. Employer’s liability; claim for legal services or disbursements; lien; how established; payment. No claim or agreement for legal services or disbursements in support of any demand made or suit brought under the Nebraska Workers’ Compensation Act shall be an enforceable lien against the amounts to be paid as damages or compensation or be valid […]
48-109. Elective compensation; schedule; duty. If both employer and employee become subject to the Nebraska Workers’ Compensation Act, both shall be bound by the schedule of compensation provided in such act, which compensation shall be paid in every case of injury or death caused by accident or occupational disease arising out of and in the […]
48-110. Elective compensation; liability; scope. When employer and employee shall by agreement, express or implied, or otherwise as provided in section 48-112 accept the provisions of the Nebraska Workers’ Compensation Act, compensation shall be made for personal injuries to or for the death of such employee by accident arising out of and in the course […]
48-1101. Purpose. It is the policy of this state to foster the employment of all employable persons in the state on the basis of merit regardless of their race, color, religion, sex, disability, or national origin and to safeguard their right to obtain and hold employment without discrimination because of their race, color, religion, sex, […]
48-1102. Terms, defined. For purposes of the Nebraska Fair Employment Practice Act, unless the context otherwise requires: (1) Person shall include one or more individuals, labor unions, partnerships, limited liability companies, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, or receivers; (2) Employer shall mean a person engaged […]
48-1103. Exceptions to act. The Nebraska Fair Employment Practice Act shall not apply to: (1) A religious corporation, association, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, or society of its religious activities; or (2) The employment of […]
