48-1108. Lawful employment practices.

405 words·~2 min read·/ne/chapter-48/48-1108

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Notwithstanding any other provision of the Nebraska Fair Employment Practice Act:

(1)It shall not be an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify or refer for employment any individual, for a labor organization to classify its membership or to classify or refer for employment any individual, or for an employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program on the basis of religion, sex, disability, marital status, national origin, or military or veteran status in those certain instances when religion, sex, disability, marital status, national origin, or military or veteran status is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise;

(2)It shall not be an unlawful employment practice for a school, college, university, or other educational institution or institution of learning to hire and employ employees of a particular religion if such school, college, university, or other educational institution or institution of learning is, in whole or in substantial part, owned, supported, controlled, or managed by a particular religion or by a particular religious corporation, association, or society or if the curriculum of such school, college, university, or other educational institution of learning is directed toward the propagation of a particular religion;

(3)It shall not be an unlawful employment practice for an employer to enact any bona fide health and safety standard that regulates characteristics associated with race if the employer demonstrates that:

(a)Without the implementation of such standard, it is reasonably certain that the health and safety of the applicant, employee, or other materially connected person will be impaired;

(b)The standard is adopted for nondiscriminatory reasons;

(c)The standard is applied equally; and

(d)The employer has engaged in good faith efforts to reasonably accommodate the applicant or employee; and

(4)It shall not be an unlawful employment practice for the Nebraska State Patrol, a county sheriff, a city or village police department, or any other law enforcement agency in this state or the Nebraska National Guard to impose its own dress and grooming standards.

A classification based on sex is lawful if it is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business or enterprise. Richards v. Omaha Public Schools, 194 Neb. 463, 232 N.W.2d 29 (1975).