Nebraska Revised Statutes

Neb. Rev. Stat. § 48-1120 (2026)

Appeal; procedure; attorney's fees; failure to appeal; effect

✓ current as of July 2026

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(1) Any party to a proceeding before the commission aggrieved by such decision and order and directly affected thereby may appeal the decision and order, and the appeal shall be in accordance with the Administrative Procedure Act.

(2) In any action or proceeding under the Nebraska Fair Employment Practice Act wherein an appeal is lodged in the district court, the court, in its discretion, may allow the prevailing party reasonable attorney's fees as part of the costs.

(3) If a respondent does not appeal an order, the commission may obtain a decree of the court for the enforcement of such order upon showing that respondent is subject to the commission's jurisdiction and resides or transacts business within the county in which the petition for enforcement is brought.

Notes of Decisions

Cited in 24 cases (1 in the last 5 years), 1971–2022 · leading case: N. States Beef v. Stennis, 509 N.W.2d 656 (Neb. Ct. App. 1993).

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N. States Beef v. Stennis, 509 N.W.2d 656 (Neb. Ct. App. 1993). · cites it 9× “Northern States asserts that the district court erred in dismissing the petition because Northern States had substantially complied with Neb. Rev. Stat. § 48-1120 (Reissue 1988), and Northern States contends that Stennis waived any jurisdictional objections by failing to make a…”

Airport Inn, Inc. v. Nebraska Equal Opportunity Comm'n, 353 N.W.2d 727 (Neb. 1984). · cites it 8× “Section 48-1120(6) states that "[i]n any action or proceeding under sections 48-1101 to 48-1125, wherein an appeal is lodged in the district court, the court, in its discretion, may allow the prevailing party a reasonable attorney's fee as part of the costs.”

Ranger Div., Ryder Truck Lines, Inc. v. Bayne, 333 N.W.2d 891 (Neb. 1983). · cites it 8× “Bayne complains that since he did not personally receive a copy of the petition on appeal to the District Court, but rather a copy was sent to his attorney of record before the Commission, he was not notified of the commencement of the appeal as allegedly required by the…”

IBP, Inc. v. Sands, 563 N.W.2d 353 (Neb. 1997). · cites it 6× “*578 Pursuant to Neb. Rev. Stat. § 48-1120 (Reissue 1993), IBP appealed this final order to the Lancaster County District Court.”

Transcon Lines, Inc. v. O'NEAL, 429 N.W.2d 718 (Neb. 1988). · cites it 17× “On November 10, 1986, Transcon filed a petition for review in the district court for Douglas County, Nebraska, pursuant to Neb. Rev. Stat. § 48-1120 (Reissue 1984) of the Nebraska Fair Employment Practice Act.”

Williams v. Goodyear Tire & Rubber Co., 366 N.W.2d 132 (Neb. 1985). · cites it 12× “Neb. Rev. Stat. § 48-1120 (6) (Reissue 1984) does not require a court to enter an attorney fee.”

Harris v. Misty Lounge, Inc., 371 N.W.2d 688 (Neb. 1985). · cites it 2× “The district court may not vacate, modify, or set aside an order of the Commission unless “[t]he findings of the commission in support of such order are unreasonable or arbitrary or are not supported by a preponderance of the evidence.”

Metcalf v. Omaha Steel Castings Co., 476 F. Supp. 870 (D. Neb. 1979). · cites it 8× “First, that the § 1981 action is barred because the complaint was not filed within thirty days of the termination of the administrative proceedings as required by Neb.Rev.Stat. § 48-1120 (Reissue 1978). Second, that the § 2000e claim is barred because the plaintiff’s complaint…”

Zalkins Peerless Wip. v. NEB. EQUAL. OPP. COM'N, 348 N.W.2d 846 (Neb. 1984). · cites it 2× “§§ 48-1101 to 48-1125 (Reissue 1978), nor that appellee Landers is entitled to invoke the provisions of the act.”

Neb. Dept. of Corr. Serv. v. Carroll, 383 N.W.2d 740 (Neb. 1986). · cites it 5× “The issue presented to this court by the briefs and arguments of the parties is whether the district court erred in awarding an attorney fee that included hours of representation before the State Personnel Board.”

Webb v. Am. Red Cross, 652 F. Supp. 917 (D. Neb. 1986). · cites it 3× “Under Neb.Rev.Stat. § 48-1120 (Reissue of 1984), a proceeding may be instituted in the district court within any county wherein the alleged unlawful employment practice was committed provided the Nebraska Equal Opportunity Commission procedures have been followed.”

Snygg v. City of Scottsbluff Police Dep't, 266 N.W.2d 76 (Neb. 1978). · cites it 2× “The assignments of error all relate to the finding of the District Court that the findings and order of the commission were arbitrary and not supported by a preponderance of the evidence.”

Show all 24 citing cases →

— Neb. Rev. Stat. § 48-1120(1) — 1 case

N. States Beef v. Stennis, 509 N.W.2d 656 (Neb. Ct. App. 1993). “Northern States asserts that the district court erred in dismissing the petition because Northern States had substantially complied with Neb. Rev. Stat. § 48-1120 (Reissue 1988), and Northern States contends that Stennis waived any jurisdictional objections by failing to make a…”

— Neb. Rev. Stat. § 48-1120(2) — 3 cases

Ranger Div., Ryder Truck Lines, Inc. v. Bayne, 333 N.W.2d 891 (Neb. 1983). “Bayne complains that since he did not personally receive a copy of the petition on appeal to the District Court, but rather a copy was sent to his attorney of record before the Commission, he was not notified of the commencement of the appeal as allegedly required by the…”

Transcon Lines, Inc. v. O'NEAL, 429 N.W.2d 718 (Neb. 1988). “On November 10, 1986, Transcon filed a petition for review in the district court for Douglas County, Nebraska, pursuant to Neb. Rev. Stat. § 48-1120 (Reissue 1984) of the Nebraska Fair Employment Practice Act.”

— Neb. Rev. Stat. § 48-1120(3) — 1 case

Zalkins Peerless Wip. v. NEB. EQUAL. OPP. COM'N, 348 N.W.2d 846 (Neb. 1984). “§§ 48-1101 to 48-1125 (Reissue 1978), nor that appellee Landers is entitled to invoke the provisions of the act.”

— Neb. Rev. Stat. § 48-1120(3)(b) — 1 case

Nebraska Pub. Power Dist. v. Lacy, 339 N.W.2d 286 (Neb. 1983).

— Neb. Rev. Stat. § 48-1120(4) — 1 case

Webb v. Am. Red Cross, 652 F. Supp. 917 (D. Neb. 1986). “Under Neb.Rev.Stat. § 48-1120 (Reissue of 1984), a proceeding may be instituted in the district court within any county wherein the alleged unlawful employment practice was committed provided the Nebraska Equal Opportunity Commission procedures have been followed.”

— Neb. Rev. Stat. § 48-1120(6) — 5 cases

Airport Inn, Inc. v. Nebraska Equal Opportunity Comm'n, 353 N.W.2d 727 (Neb. 1984). “Section 48-1120(6) states that "[i]n any action or proceeding under sections 48-1101 to 48-1125, wherein an appeal is lodged in the district court, the court, in its discretion, may allow the prevailing party a reasonable attorney's fee as part of the costs.”

Williams v. Goodyear Tire & Rubber Co., 366 N.W.2d 132 (Neb. 1985). “Neb. Rev. Stat. § 48-1120 (6) (Reissue 1984) does not require a court to enter an attorney fee.”

Neb. Dept. of Corr. Serv. v. Carroll, 383 N.W.2d 740 (Neb. 1986). “The issue presented to this court by the briefs and arguments of the parties is whether the district court erred in awarding an attorney fee that included hours of representation before the State Personnel Board.”

Nebraska Dep't of Corr. Servs. v. Carroll, 383 N.W.2d 740 (Neb. 1986).

— Neb. Rev. Stat. § 48-1120(7) — 1 case

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