Neb. Rev. Stat. » Chapter 48
Nebraska Revised Statutes

Neb. Rev. Stat. § 48-1003 (2026)

Limitation on prohibitions; practices not prevented or precluded

✓ current as of July 2026
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(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 organization (a) to take action otherwise prohibited under the act when age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business, or when the differentiation is based on reasonable factors other than age, such as physical conditions; or (b) to discharge or otherwise discipline an employee for good cause.

Notes of Decisions
Cited in 6 cases, 1977–2002 · leading case: Billingsley v. BFM Liquor Mgmt., Inc., 645 N.W.2d 791 (Neb. 2002).
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Billingsley v. BFM Liquor Mgmt., Inc., 645 N.W.2d 791 (Neb. 2002). “” § 48-1003. The age discrimination act defines an “employer” governed by the act as “any person having in his or her employ twenty-five or more individuals.”
Synacek v. Omaha Cold Storage Terminals, Inc., 526 N.W.2d 91 (Neb. 1995). · cites it 2× “ANALYSIS Synacek's action is grounded in the provisions of §§ 48-1003 and 48-1004 of the act, which make it unlawful to discharge because of age one who is at least 40 but less than 70 years of age, unless the reasonable demands of the position require such an age distinction.”
Humphrey v. Nebraska Pub. Power Dist., 503 N.W.2d 211 (Neb. 1993). “” § 48-1003. Section 48-1004(a) of the state act provides that it is unlawful for an employer “[t]o refuse to hire, to discharge, or otherwise to discriminate against any individual with respect to his terms, conditions, or privileges of employment, otherwise lawful, because of…”
Allen v. At & T Tech., Inc., 423 N.W.2d 424 (Neb. 1988). “PROVISIONS OF ACT To the extent relevant to this review, the act protects persons “at least forty years of age but less than seventy years of age,” § 48-1003, from employment discrimination “because of such individual’s age, when the reasonable demands of the position do not…”
Equal Opportunity Comm'n v. Weyerhaeuser Co., 251 N.W.2d 730 (Neb. 1977). “” § 48-1003, R. R. S. 1943. Section 48-1008, R.”
Apland v. Ne. Cmty. Coll., 599 N.W.2d 233 (Neb. Ct. App. 1999). · cites it 2× “Section 48-1003 of the Act provides that the Act does not make it unlawful for an employer, inter alia, to distinguish between employees “when the differentiation is based on reasonable factors other than age.”
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