Nebraska Revised Statutes

Neb. Rev. Stat. § 48-1102 (2026)

Terms, defined

✓ current as of July 2026

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For purposes of the Nebraska Fair Employment Practice Act, unless the context otherwise requires:

(1) Person shall include one or more individuals, labor unions, partnerships, limited liability companies, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, or receivers;

(2) Employer shall mean a person engaged in an industry who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, any agent of such a person, and any party whose business is financed in whole or in part under the Nebraska Investment Finance Authority Act regardless of the number of employees and shall include the State of Nebraska, governmental agencies, and political subdivisions, but such term shall not include (a) the United States, a corporation wholly owned by the government of the United States, or an Indian tribe or (b) a bona fide private membership club, other than a labor organization, which is exempt from taxation under section 501(c) of the Internal Revenue Code;

(3) Labor organization shall mean any organization which exists wholly or in part for one or more of the following purposes: Collective bargaining; dealing with employers concerning grievances, terms, or conditions of employment; or mutual aid or protection in relation to employment;

(4) Employment agency shall mean any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and shall include an agent of such a person but shall not include an agency of the United States, except that such term shall include the United States Employment Service and the system of state and local employment services receiving federal assistance;

(5) Covered entity shall mean an employer, an employment agency, a labor organization, or a joint labor-management committee;

(6) Privileges of employment shall mean terms and conditions of any employer-employee relationship, opportunities for advancement of employees, and plant conveniences;

(7) Employee shall mean an individual employed by an employer;

(8) Commission shall mean the Equal Opportunity Commission;

(9) Disability shall mean (a) a physical or mental impairment that substantially limits one or more of the major life activities of such individual, (b) a record of such an impairment, or (c) being regarded as having such an impairment. Disability shall not include homosexuality, bisexuality, transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender-identity disorders not resulting in physical impairments, other sexual behavior disorders, problem gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from current illegal use of drugs;

(10)(a) Qualified individual with a disability shall mean an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires. Consideration shall be given to the employer's judgment as to what functions of a job are essential, and if an employer has prepared a written description before advertising or interviewing applicants for the job, this description shall be considered evidence of the essential functions of the job;

(b) Qualified individual with a disability shall not include any employee or applicant who is currently engaged in the illegal use of drugs when the covered entity acts on the basis of such use; and

(c) Nothing in this subdivision shall be construed to exclude as a qualified individual with a disability an individual who:

(i) Has successfully completed a supervised drug rehabilitation program or otherwise been rehabilitated successfully and is no longer engaging in the illegal use of drugs;

(ii) Is participating in a supervised rehabilitation program and is no longer engaging in such use; or

(iii) Is erroneously regarded as engaging in such use but is not engaging in such use;

(11) Reasonable accommodation, with respect to disability, shall include making existing facilities used by employees readily accessible to and usable by individuals with disabilities, job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modification of examinations, training manuals, or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities. Reasonable accommodation, with respect to pregnancy, childbirth, or related medical conditions, shall include acquisition of equipment for sitting, more frequent or longer breaks, periodic rest, assistance with manual labor, job restructuring, light-duty assignments, modified work schedules, temporary transfers to less strenuous or hazardous work, time off to recover from childbirth, or break time and appropriate facilities for breast-feeding or expressing breast milk. Reasonable accommodation shall not include accommodations which the covered entity can demonstrate require significant difficulty or expense thereby posing an undue hardship upon the covered entity. Factors to be considered in determining whether an accommodation would pose an undue hardship shall include:

(a) The nature and the cost of the accommodation needed under the Nebraska Fair Employment Practice Act;

(b) The overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation, the number of persons employed at such facility, the effect on expenses and resources, or the impact otherwise of such accommodation upon the operation of the facility;

(c) The overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of its employees, and the number, type, and location of its facilities; and

(d) The type of operation or operations of the covered entity, including the composition, structure, and functions of the work force of such entity, and the geographic separateness and administrative or fiscal relationship of the facility or facilities in question to the covered entity;

(12) Marital status shall mean the status of a person whether married or single;

(13) Because of sex or on the basis of sex shall include, but not be limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions;

(14) Harass because of sex shall include making unwelcome sexual advances, requesting sexual favors, and engaging in other verbal or physical conduct of a sexual nature if (a) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (b) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (c) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment;

(15) Unlawful under federal law or the laws of this state shall mean acting contrary to or in defiance of the law or disobeying or disregarding the law;

(16) Drug shall mean a controlled substance as defined in section 28-401;

(17) Illegal use of drugs shall mean the use of drugs, the possession or distribution of which is unlawful under the Uniform Controlled Substances Act, but shall not include the use of a drug taken under supervision by a licensed health care professional or any other use authorized by the Uniform Controlled Substances Act or other provisions of state law;

(18) Individual who is pregnant, who has given birth, or who has a related medical condition shall mean an individual with a known limitation who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds, desires, or may be temporarily assigned to. Consideration shall be given to the employer's judgment as to what functions of a job are essential, and if an employer has prepared a written description before advertising or interviewing applicants for the job, this description shall be considered evidence of the essential functions of the job;

(19) Race is inclusive of characteristics such as skin color, hair texture, and protective hairstyles; and

(20) Protective hairstyles includes braids, locks, and twists.

Notes of Decisions

Cited in 48 cases (14 in the last 5 years), 1979–2026 · leading case: Marshall v. EyeCare Specialties, 876 N.W.2d 372 (Neb. 2016).

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Marshall v. EyeCare Specialties, 876 N.W.2d 372 (Neb. 2016). · cites it 23× “Under Neb. Rev. Stat. § 48-1102 (9) (Reissue 2010), to be substantially limited in the major life activity of working, the plaintiff must show that he or she was significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes…”

Bluff's Vision Clinic, P.C. v. Krzyzanowski, 555 N.W.2d 556 (Neb. 1996). · cites it 14× “Krzyzanowski, however, argues that Bluff's does meet the definition of "employer" because (1) part-time employees should be counted toward the jurisdictional prerequisite or, alternatively, (2) The Meat Shoppe should be combined with Bluff's because the two entities are…”

Riggs v. Cnty. of Banner, 159 F. Supp. 2d 1158 (D. Neb. 2001). · cites it 4× “” Neb.Rev.Stat. Ann. § 48-1102(15) (Michie 1995).”

McPherson v. City of Scottsbluff, 303 Neb. 765 (Neb. 2019). · cites it 2× “02(1) ; Neb. Rev. Stat. § 48-1102 (9) (Cum. Supp.”

City of Fort Calhoun v. Collins, 500 N.W.2d 822 (Neb. 1993). · cites it 6× “Neb. Rev. Stat. § 48-1104 (Reissue 1988).”

Omaha Pub. Schs. v. Hall, 319 N.W.2d 730 (Neb. 1982). · cites it 14× “To be covered by § 48-1102(2), they must first meet the definition of "person," as defined in § 48-1102(1), unless they were specifically included within the definition of "employer.”

Arens v. NEBCO, Inc., 291 Neb. 834 (Neb. 2015). · cites it 3× “6 See § 48-1102(10)(a). - 840 - Nebraska A dvance Sheets 291 Nebraska R eports ARENS v.”

Wendeln v. the Beatrice Manor, Inc., 712 N.W.2d 226 (Neb. 2006). · cites it 2× “*382 Section 48-1102(15) defines “[u]nlawful under federal law or the laws of this state shall mean acting contrary to or in defiance of the law or disobeying or disregarding the law.”

IBP, Inc. v. Sands, 563 N.W.2d 353 (Neb. 1997). · cites it 4× “*579 ASSIGNMENTS OF ERROR IBP assigns as error the district court’s (1) conclusion that Sands was disabled within the meaning of Neb. Rev. Stat. § 48-1102 (8) (Cum. Supp.”

Reavis v. Solminski, 551 N.W.2d 528 (Neb. 1996). · cites it 2× “§ 2000e(b); § 48-1102(2). Therefore, the employee who alleges that the employer is making unwanted physical contact of a sexual nature is left with a claim for civil battery or, in some instances, intentional infliction of emotional distress.”

Meyer v. Lincoln Police Dep't, 347 F. Supp. 2d 706 (D. Neb. 2004). · cites it 2× “§ 2000e, and Neb.Rev.Stat. § 48-1102. Both LPD and Meyers acknowledge that LPD has been named as a party defendant in prior actions where it has not objected, but both also acknowledge that neither this Court nor the U.”

Dutcher v. Nebraska Dept. of Corr. Servs., 979 N.W.2d 245 (Neb. 2022). · cites it 3× “]” Section 48-1102(10)(a) defines “[q]ualified individual with a disabil- ity” as “an individual with a disability who, with or without reasonable accommodation, can perform the essential func- tions of the employment position that such individual holds or desires” and states…”

Show all 48 citing cases →

— Neb. Rev. Stat. § 48-1102(1) — 1 case

Omaha Pub. Schs. v. Hall, 319 N.W.2d 730 (Neb. 1982). “To be covered by § 48-1102(2), they must first meet the definition of "person," as defined in § 48-1102(1), unless they were specifically included within the definition of "employer.”

— Neb. Rev. Stat. § 48-1102(10)(a) — 4 cases

Marshall v. EyeCare Specialties, 876 N.W.2d 372 (Neb. 2016). “Under Neb. Rev. Stat. § 48-1102 (9) (Reissue 2010), to be substantially limited in the major life activity of working, the plaintiff must show that he or she was significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes…”

Dutcher v. Nebraska Dept. of Corr. Servs., 979 N.W.2d 245 (Neb. 2022). “]” Section 48-1102(10)(a) defines “[q]ualified individual with a disabil- ity” as “an individual with a disability who, with or without reasonable accommodation, can perform the essential func- tions of the employment position that such individual holds or desires” and states…”

Arens v. NEBCO, Inc., 291 Neb. 834 (Neb. 2015). “6 See § 48-1102(10)(a). - 840 - Nebraska A dvance Sheets 291 Nebraska R eports ARENS v.”

Trimble v. BNSF Ry. Co., 636 F. Supp. 2d 916 (D. Neb. 2009).

— Neb. Rev. Stat. § 48-1102(10)(b) — 1 case

— Neb. Rev. Stat. § 48-1102(10)(c) — 1 case

— Neb. Rev. Stat. § 48-1102(10)(c)(i) — 1 case

Marshall v. EyeCare Specialities, 291 Neb. 264 (Neb. 2015).

— Neb. Rev. Stat. § 48-1102(11) — 2 cases

Arens v. NEBCO, Inc., 291 Neb. 834 (Neb. 2015). “6 See § 48-1102(10)(a). - 840 - Nebraska A dvance Sheets 291 Nebraska R eports ARENS v.”

— Neb. Rev. Stat. § 48-1102(12) — 2 cases

Adams v. Tenneco Auto. Operating Co., Inc., 358 F. Supp. 2d 878 (D. Neb. 2005).

Adams v. Tenneco Auto. Operating Co., Inc., 359 F. Supp. 2d 834 (D. Neb. 2005).

— Neb. Rev. Stat. § 48-1102(14) — 1 case

Helvering v. Union Pac. R.R. Co., 703 N.W.2d 134 (Neb. Ct. App. 2005).

— Neb. Rev. Stat. § 48-1102(15) — 3 cases

Wendeln v. the Beatrice Manor, Inc., 712 N.W.2d 226 (Neb. 2006). “*382 Section 48-1102(15) defines “[u]nlawful under federal law or the laws of this state shall mean acting contrary to or in defiance of the law or disobeying or disregarding the law.”

Riggs v. Cnty. of Banner, 159 F. Supp. 2d 1158 (D. Neb. 2001). “” Neb.Rev.Stat. Ann. § 48-1102(15) (Michie 1995).”

Baker-Heser v. State, 309 Neb. 979 (Neb. 2021).

— Neb. Rev. Stat. § 48-1102(2) — 9 cases

Bluff's Vision Clinic, P.C. v. Krzyzanowski, 555 N.W.2d 556 (Neb. 1996). “Krzyzanowski, however, argues that Bluff's does meet the definition of "employer" because (1) part-time employees should be counted toward the jurisdictional prerequisite or, alternatively, (2) The Meat Shoppe should be combined with Bluff's because the two entities are…”

Reavis v. Solminski, 551 N.W.2d 528 (Neb. 1996). “§ 2000e(b); § 48-1102(2). Therefore, the employee who alleges that the employer is making unwanted physical contact of a sexual nature is left with a claim for civil battery or, in some instances, intentional infliction of emotional distress.”

Riggs v. Cnty. of Banner, 159 F. Supp. 2d 1158 (D. Neb. 2001). “” Neb.Rev.Stat. Ann. § 48-1102(15) (Michie 1995).”

City of Fort Calhoun v. Collins, 500 N.W.2d 822 (Neb. 1993). “Neb. Rev. Stat. § 48-1104 (Reissue 1988).”

— Neb. Rev. Stat. § 48-1102(5) — 1 case

Trimble v. BNSF Ry. Co., 636 F. Supp. 2d 916 (D. Neb. 2009).

— Neb. Rev. Stat. § 48-1102(6) — 1 case

City of Fort Calhoun v. Collins, 500 N.W.2d 822 (Neb. 1993). “Neb. Rev. Stat. § 48-1104 (Reissue 1988).”

— Neb. Rev. Stat. § 48-1102(7) — 1 case

Trimble v. BNSF Ry. Co., 636 F. Supp. 2d 916 (D. Neb. 2009).

— Neb. Rev. Stat. § 48-1102(8) — 5 cases

IBP, Inc. v. Sands, 563 N.W.2d 353 (Neb. 1997). “*579 ASSIGNMENTS OF ERROR IBP assigns as error the district court’s (1) conclusion that Sands was disabled within the meaning of Neb. Rev. Stat. § 48-1102 (8) (Cum. Supp.”

Williams v. Goodyear Tire & Rubber Co., 366 N.W.2d 132 (Neb. 1985).

McCamish v. Douglas Cnty. Hosp., 466 N.W.2d 521 (Neb. 1991).

Father Flanagan's Boys' Home v. Goerke, 401 N.W.2d 461 (Neb. 1987).

Father Flanagan's Boys'home v. Goerke, 401 N.W.2d 461 (Neb. 1987).

— Neb. Rev. Stat. § 48-1102(9) — 5 cases

Arens v. NEBCO, Inc., 291 Neb. 834 (Neb. 2015). “6 See § 48-1102(10)(a). - 840 - Nebraska A dvance Sheets 291 Nebraska R eports ARENS v.”

Fritz v. Wal-Mart Stores, Inc., 158 F. Supp. 2d 991 (D. Neb. 2001).

Trimble v. BNSF Ry. Co., 636 F. Supp. 2d 916 (D. Neb. 2009).

McBurnett v. Nebraskaland Tire (Neb. Ct. App. 2015).

— Neb. Rev. Stat. § 48-1102(9)(a) — 1 case

— Neb. Rev. Stat. § 48-1102(9)(c) — 2 cases

Marshall v. EyeCare Specialities, 291 Neb. 264 (Neb. 2015).

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