USA – NEBRASKA Law and Practice Contributed by: Tara Paulson, Mark Fahleson and Julie Schumacher, Rembolt Ludtke LLP
• otherwise discriminate against any individual regarding the employee’s terms, conditions or privileges of employment; or • wilfully use an organisation that discriminates against individuals based on age for hiring or recruiting employees – covered organisations include: (a) employment agencies; (b) placement centres; (c) training schools or centres; (d) labour organisations; and (e) any other organisation that discriminates against individuals based on age. Employers, employment agencies and labour organi - sations also may not retaliate against individuals for protected conduct. Specifically, an employer may not discharge, expel or otherwise discriminate against any individual because the individual: • opposed any unlawful employment practice under the NADEA; • filed a charge or suit under the NADEA; or • testified, participated or assisted in any proceeding under the NADEA. Individual supervisor liability Individual supervisors are likely not liable for discrimi - natory acts against employees under the NADEA. HIV Discrimination Act The Nebraska HIV Discrimination Act (NHDA) applies to all employers and prohibits employment discrimina - tion based on an individual having or being suspected of having: • a human immunodeficiency virus (HIV) infection; or • acquired immunodeficiency syndrome (AIDS). Prohibited conduct An employer may not, based on an individual’s pro - tected status:
These prohibitions do not apply where the individual having or suspected of having an HIV infection or AIDS either: • poses a direct threat to the health or safety of that individual or other individuals; or • is unable to perform the duties of their job or the job they are applying for. Individual supervisor liability Individual supervisors are likely not liable for discrimi - natory acts against employees under the NHDA. Genetic Information and Testing Law Under the Nebraska Genetic Information and Testing Law (NGITL), employers may not discriminate against employees or applicants because of the individual’s genetic information that is unrelated to their ability to perform the duties of a particular job. The NGITL applies to all employers with one or more employ - ees but does not include individuals employed in the domestic service of any person. Prohibited conduct An employer may not, based on an individual’s pro - tected status: • fail or refuse to hire, recruit or promote an employ - ee or applicant; • discharge an employee; • otherwise discriminate against an employee or applicant regarding compensation, terms, condi - tions or privileges of employment; • limit, segregate or classify an employee or appli - cant in a way that: (a) deprives or tends to deprive the individual of employment opportunities; or (b) otherwise adversely affects their status; or • as a condition of employment or promotion, require
an employee or applicant to: (a) submit to a genetic test; or (b) provide genetic information. The NGITL does not prohibit:
• refuse to hire an applicant; • discharge an employee; or
• otherwise discriminate against an individual regard - ing compensation, terms, conditions or privileges of employment.
• an employee from voluntarily giving an employer genetic information that relates to the employee’s health or safety in the workplace; or
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