USA – NEBRASKA Law and Practice Contributed by: Tara Paulson, Mark Fahleson and Julie Schumacher, Rembolt Ludtke LLP
(b) the examinee may discontinue the examination at any time; • the employee or applicant signs a form stating that the examination is being taken voluntarily; • the examiner asks prospective employees job- related questions; • the employer does not preselect job applicants for a truth and deception examination in a discrimina - tory manner; • the examination concerns a specific investigation; • the examination results are not the sole determi - nant in an employee’s termination; and • the employer keeps the following on file for one year: (a) all questions the examiner asks during the examination; and (b) the examinee’s responses. The law does not provide for a private right of action. However, the Nebraska Supreme Court recognises a claim for wrongful discharge in violation of public policy where an employer terminated an employee for refusing to submit to a polygraph test. Prohibited Use of Social Security Numbers In Nebraska, an employer may use more than the last four digits of an employee’s SSN only for the follow - ing purposes: • compliance with state or federal laws, rules or regulations; • some internal administrative purposes, including providing more than the last four digits to third par - ties for administration of personnel benefit provi - sions for the employer and employment screening and staffing; or • commercial transactions freely and voluntarily entered into by the employee with the employer to purchase goods or services. Nebraska law requires that employers may not: • publicly post or display more than the last four dig - its of an employee’s Social Security number; • require an employee to transmit more than the last four digits of their SSN over the internet unless the connection is secure, or the information is encrypt - ed;
• require an employee to use more than the last four digits of their SSN: (a) to access an internet website unless a pass - word, unique personal identification number or other authentication device is also required to access the internet website; or (b) as an employee number for any employment- related activity; or • use more than the last four digits of an employee’s SSN: (a) as an identification number for occupational licensing; (b) as an identification number for drug-testing purposes except when required by state or fed - eral law; (c) as an identification number for company meet - ings; (d) in files with unrestricted access within the company; (e) in files accessible by any temporary employee unless the temporary employee is bonded or insured under a blanket corporate surety bond or equivalent commercial insurance; or (f) for posting any company information. Genetic Testing Nebraska law prohibits employers from using genetic information as a basis for employment decisions. Under Nebraska law, an employer may not: • fail or refuse to hire, recruit or promote an employ - ee or applicant for employment because of genetic information that is unrelated to the ability to do the job; • discharge or discriminate against an employee or applicant regarding their terms, conditions or privi - leges of employment because of genetic informa - tion that is unrelated to the ability to do the job; • limit, segregate or classify an employee or appli - cant in a way that adversely affects the employee’s or applicant’s status or employment opportunities because of genetic information that is unrelated to the ability to do the job; or • require an employee or applicant to submit to a genetic test or to provide genetic information as a condition of employment or promotion.
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