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

Neb. Rev. Stat. § 48-1111 (2026)

Different standards of compensation, conditions, or privileges of employment; lawful employment practices; effect of pregnancy and related medical conditions

✓ current as of July 2026
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(1) Except as otherwise provided in the Nebraska Fair Employment Practice Act, it shall not be an unlawful employment practice for an employer to apply different standards of compensation, or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system or a system which measures earnings by quantity or quality of production or to employees who work in different locations, if such differences are not the result of an intention to discriminate because of race, color, religion, sex, disability, marital status, national origin, or military or veteran status, nor shall it be an unlawful employment practice for an employer to give and to act upon the results of any professionally developed ability test if such test, its administration, or action upon the results is not designed, intended, or used to discriminate because of race, color, religion, sex, disability, marital status, national origin, or military or veteran status.

(2) It shall not be an unlawful employment practice for a covered entity to deny privileges of employment to an individual with a disability when the qualification standards, tests, or selection criteria that screen out or tend to screen out or otherwise deny a job or benefit to an individual with a disability:

(a) Have been shown to be job-related and consistent with business necessity and such performance cannot be accomplished by reasonable accommodation, as required by the Nebraska Fair Employment Practice Act and the federal Americans with Disabilities Act of 1990; or

(b) Include a requirement that an individual shall not pose a direct threat, involving a significant risk to the health or safety of other individuals in the workplace, that cannot be eliminated by reasonable accommodation.

(3) It shall not be an unlawful employment practice to refuse employment based on a policy of not employing both husband and wife if such policy is equally applied to both sexes.

(4) Except as otherwise provided in the Nebraska Fair Employment Practice Act, women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of employee benefits, as other persons not so affected but similar in their ability or inability to work, and nothing in this section shall be interpreted to provide otherwise.

(5) This section shall not require an employer to provide employee benefits for abortion except when medical complications have arisen from an abortion.

(6) Nothing in this section shall preclude an employer from providing employee benefits for abortion under fringe benefit programs or otherwise affect bargaining agreements in regard to abortion.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1983–2024 · leading case: Ranger Div., Ryder Truck Lines, Inc. v. Bayne, 333 N.W.2d 891 (Neb. 1983).
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Ranger Div., Ryder Truck Lines, Inc. v. Bayne, 333 N.W.2d 891 (Neb. 1983). · cites it 8× “Neb.Rev.Stat. § 48-1111 (Reissue 1978) provides, however, that denial of employment when a disability reasonably precludes the performance of particular employment is not an unlawful employment practice.”
Father Flanagan's Boys' Home v. Goerke, 401 N.W.2d 461 (Neb. 1987). “” Additionally, § 48-1111(1) provides that it shall not be an unlawful employment practice for an employer to deny privileges of employment “when the nature and extent of a disability reasonably preclude the performance of the particular employment.”
Father Flanagan's Boys'home v. Goerke, 401 N.W.2d 461 (Neb. 1987). “" Additionally, § 48-1111(1) provides that it shall not be an unlawful employment practice for an employer to deny privileges of employment "when the nature and extent of a disability reasonably preclude the performance of the particular employment.”
Perry v. Zoetis LLC (D. Neb. 2020). “§ 48-1111 (1). In the absence of direct evidence of discrimination, the Nebraska Supreme Court applies the burden-shifting approach of McDonnell Douglas Corp.”
Gossett v. Jason's Deli (D. Neb. 2024). “§ 48-1111 (2) (2014). In 2015, the Nebraska Legislature adopted LB 627, which applied the protections for workers with disabilities to pregnant workers.”
— Neb. Rev. Stat. § 48-1111(1) — 2 cases
Father Flanagan's Boys' Home v. Goerke, 401 N.W.2d 461 (Neb. 1987). “” Additionally, § 48-1111(1) provides that it shall not be an unlawful employment practice for an employer to deny privileges of employment “when the nature and extent of a disability reasonably preclude the performance of the particular employment.”
Father Flanagan's Boys'home v. Goerke, 401 N.W.2d 461 (Neb. 1987). “" Additionally, § 48-1111(1) provides that it shall not be an unlawful employment practice for an employer to deny privileges of employment "when the nature and extent of a disability reasonably preclude the performance of the particular employment.”
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