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

Neb. Rev. Stat. § 48-1108 (2026)

Lawful employment practices

✓ current as of July 2026
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Notwithstanding any other provision of the Nebraska Fair Employment Practice Act:

(1) It shall not be an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify or refer for employment any individual, for a labor organization to classify its membership or to classify or refer for employment any individual, or for an employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program on the basis of religion, sex, disability, marital status, national origin, or military or veteran status in those certain instances when religion, sex, disability, marital status, national origin, or military or veteran status is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise;

(2) It shall not be an unlawful employment practice for a school, college, university, or other educational institution or institution of learning to hire and employ employees of a particular religion if such school, college, university, or other educational institution or institution of learning is, in whole or in substantial part, owned, supported, controlled, or managed by a particular religion or by a particular religious corporation, association, or society or if the curriculum of such school, college, university, or other educational institution of learning is directed toward the propagation of a particular religion;

(3) It shall not be an unlawful employment practice for an employer to enact any bona fide health and safety standard that regulates characteristics associated with race if the employer demonstrates that:

(a) Without the implementation of such standard, it is reasonably certain that the health and safety of the applicant, employee, or other materially connected person will be impaired;

(b) The standard is adopted for nondiscriminatory reasons;

(c) The standard is applied equally; and

(d) The employer has engaged in good faith efforts to reasonably accommodate the applicant or employee; and

(4) It shall not be an unlawful employment practice for the Nebraska State Patrol, a county sheriff, a city or village police department, or any other law enforcement agency in this state or the Nebraska National Guard to impose its own dress and grooming standards.

Notes of Decisions
Cited in 6 cases, 1975–1999 · leading case: Dayton Christian Schs., Inc. v. Ohio Civil Rights Comm'n, 766 F.2d 932 (6th Cir. 1985).
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Dayton Christian Schs., Inc. v. Ohio Civil Rights Comm'n, 766 F.2d 932 (6th Cir. 1985). “151B, § 4(15) (1980) ; Neb.Rev.Stat. § 48-1108 (1965); N.H. Rev.”
McCrea v. Cunningham, 277 N.W.2d 52 (Neb. 1979). · cites it 2× “We also note that section 48-1108, R. R. S. 1943, further provides: ‘‘Notwithstanding any other provision of sections 48-1101 to 48-1125, (1) it shall not be an unlawful employment practice for an employer to hire and employ employees, * * * on the basis of his religion, sex,…”
Williams v. Goodyear Tire & Rubber Co., 366 N.W.2d 132 (Neb. 1985). · cites it 2× “He assigns as errors the findings of the district court that plaintiff was not a member of a protected class and had not proved a prima facie case of employment discrimination and that the employer's requirement of an unrestricted release from medical care was a bona fide…”
Richards v. Omaha Pub. Schs., 232 N.W.2d 29 (Neb. 1975). “§ 48-1108, R. R. S. 1943. While continuity of instruction may not be a “business necessity” in the sense that the term has been used generally, it is an important consideration in determining whether the respondent’s policies discriminated against the complainant on the basis of…”
Father Flanagan's Boys' Home v. Agnew, 590 N.W.2d 688 (Neb. 1999). · cites it 2× “See Neb. Rev. Stat. § 48-1108 (Reissue 1998) (“[i]t shall not be an unlawful employment practice for an employer to hire and employ employees .”
Father Flanagan's Boys'home v. Agnew, 590 N.W.2d 688 (Neb. 1999). · cites it 2× “We do not address the reasonableness of such a restriction, which issue is not before the court, but note that this restriction, without more, does not amount to direct evidence of prohibited gender discrimination.”
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