(1) Sections 48-1001 to 48-1010 shall be known and may be cited as the Age Discrimination in Employment Act.
(2)(a) The Legislature hereby finds that the practice of discriminating in employment against properly qualified persons because of their age is contrary to American principles of liberty and equality of opportunity, is incompatible with the Constitution, deprives the state of the fullest utilization of its capacities for production, and endangers the general welfare.
(b) Hiring bias against workers forty years or more of age deprives the state of its most important resource of experienced employees, adds to the number of persons receiving public assistance, and deprives older people of the dignity and status of self-support.
(c) The right to employment otherwise lawful without discrimination because of age, where the reasonable demands of the position do not require such an age distinction, is hereby recognized as and declared to be a right of all the people of the state which shall be protected as provided in the act.
(d) It is hereby declared to be the policy of the state to protect the right recognized and declared in subdivision (2)(c) of this section and to eliminate all such discrimination to the fullest extent permitted. The Age Discrimination in Employment Act shall be construed to effectuate such policy.
Notes of Decisions
Synacek v. Omaha Cold Storage Terminals, Inc., 526 N.W.2d 91 (Neb. 1995).
· cites it 12× “§§ 48-1001 through 48-1010 (Reissue 1993), the plaintiff appellee, Freeman Synacek, obtained a judgment for past damages and a separate judgment for future damages, as well as an award of an attorney fee against his former employer, the defendant-appellant, Omaha Cold Storage…”
Goolsby v. Anderson, 549 N.W.2d 153 (Neb. 1996).
· cites it 6× “2d 870 (1992), however, the plaintiff filed an age discrimination action under § 20-148, alleging violations of rights secured by both Nebraska's Act Prohibiting Unjust Discrimination in Employment Because of Age, Neb.Rev.Stat. § 48-1001 et seq. (Reissue 1988), and the Nebraska…”
Billingsley v. BFM Liquor Mgmt., Inc., 645 N.W.2d 791 (Neb. 2002).
· cites it 3× “Billingsley sought damages, unpaid wages, equitable relief, and attorney fees pursuant to Nebraska’s Act Prohibiting Unjust Discrimination in Employment Because of Age (age discrimination act), Neb. Rev. Stat. §§ 48-1001 to 48-1010 (Reissue 1998), and the Nebraska Wage Payment…”
Helvering v. Union Pac. R.R. Co., 703 N.W.2d 134 (Neb. Ct. App. 2005).
· cites it 2× “Nebraska’s Act Prohibiting Unjust Discrimination in Employment Because of Age, Neb. Rev. Stat. § 48-1001 et seq. (Reissue 2004), makes it unlawful to discriminate against a person who is at least 40 but fewer than 70 years of age, unless such age distinction is made for…”
Bobbette Blake v. MJ Optical, 870 F.3d 820 (8th Cir. 2017).
“; Nebraska Age Discrimination in Employment Act, Neb. Rev. Stat. §§ 48-1001 , et seq. MJ Optical moved for summary judgment about one year later.”
Lana Starkey v. Amber Enter., Inc., 987 F.3d 758 (8th Cir. 2021).
“Starkey’s age discrimination claim brought under Neb. Rev. Stat. § 48-1001 et seq. (“Nebraska ADEA”) is premised on the same grounds as her federal ADEA claim.”
Billingsley v. BFM Liquor Mgmt., Inc., 613 N.W.2d 478 (Neb. 2000).
· cites it 4× “Billingsley amended his petition, alleging, inter alia, that BFM had discriminated against him on the basis of age in violation of Neb. Rev. Stat. §§ 48-1001 through 48-1010 (Reissue 1998), and Neb.”
Humphrey v. Nebraska Pub. Power Dist., 503 N.W.2d 211 (Neb. 1993).
· cites it 2× “INTRODUCTION Upon being denied permanent employment by the defendant-appellee, Nebraska Public Power District (the district), the plaintiff-appellant, Jack Humphrey, brought suit alleging age discrimination in violation of the Act Prohibiting Unjust Discrimination in Employment…”
Allen v. At & T Tech., Inc., 423 N.W.2d 424 (Neb. 1988).
· cites it 2× “, formerly known as Western Electric Company, in violation of the Act Prohibiting Unjust Discrimination in Employment Because of Age, Neb. Rev. Stat. §§ 48-1001 et seq. (Reissue 1984), bypassed each of them for promotion to his former position of section chief because of age.”
Oldfield v. Nebraska Mach. Co., 296 Neb. 469 (Neb. 2017).
· cites it 2× “Facts Presented By Oldfield At all relevant times, Oldfield held an “at-will” position as a heavy equipment service manager at one of NMC’s locations 1 See Neb. Rev. Stat. §§ 48-1001 to 48-1010 (Reissue 2010).”
Equal Opportunity Comm'n v. Weyerhaeuser Co., 251 N.W.2d 730 (Neb. 1977).
· cites it 3× “1943, is as follows: “Any person aggrieved by a suspected violation of the provisions of sections 48-1001 to 48-1009 shall file with the Equal Opportunity Commission a formal complaint in such manner and form prescribed by the commission.”
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