Signed by Governor Pete Ricketts

Vote Smart's Synopsis:

Vote to pass a bill that prohibits the process known as hair discrimination and other forms of discrimination against employees and other protected groups.

Highlights:

• Classifies employees as 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 includes the State of Nebraska, governmental agencies, and political subdivisions, but the term does not include the following (Sec. 1-2):

• The United States, a corporation wholly owned by the government of the United States, or an Indian tribe; or 

• A bona fide private membership club, other than a labor organization, that is exempt from taxation under section 501(c) of the Internal Revenue Code.

• Specifies harassment because of sex includes making unwelcome sexual advances, requesting sexual favors, and engaging in other verbal or physical conduct of a sexual nature if (Sec. 1-14):

• Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment,

• Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or

• 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.

• Alleges race is inclusive of characteristics such as skin color, hair texture, and protective hairstyles and protective hairstyles include braids, locks, and twists (Sec. 1-19).

• Establishes it is not 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 (Sec. 2-3):

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

• The standard is adopted for nondiscriminatory reasons;

• The standard is applied equally; and

• The employer has engaged in good faith efforts to reasonably accommodate the applicant or employee;

• Prohibits 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 dress and grooming standards (Sec. 2-4).

Full Bill Text