Nebraska Fair Hiring Laws

Various laws are in effect that impact employment, including some that dictate the regulations around recruiting and hiring new employees. Review our detailed guide to fair hiring laws in Nebraska and how they differ from federal regulations.

What Are Fair Hiring Laws?

Fair hiring laws are regulations administered federally by the Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL). They apply across all states in the U.S., although some states have stricter laws in place. More than 180 laws cover workplace activities, protecting more than 165 million workers. Some of these related to the process of recruiting and hiring new employees.

What Are “Ban-the-Box” Laws?

Ban-the-box laws limit when an employer can ask about a candidate’s criminal history during the hiring process. The term refers to eliminating the box that must be checked on a traditional application when the individual has such a record.

Nebraska has a ban-the-box law in effect, restricting public employers from inquiring about a candidate’s criminal history until after they determine that they meet the minimum qualifications for hiring. This law does not apply to private employers. Law enforcement agencies and positions that require criminal background checks or are not permitted to be filled by individuals with criminal histories are also exempt.

Does Nebraska Have Fair Hiring Laws That Differ from Federal Fair Hiring Laws?

Yes, Nebraska has legislation in effect that extends beyond federal fair hiring laws.

Do Nebraska Hiring Laws Match or Differ from the Federal Equal Pay Act (EPA)?

Nebraska’s Equal Pay Act mirrors the federal law in most areas, although it also includes provisions that restrict employers from retaliating against employees. Both laws restrict against unequal pay for equal work based on sex.

Do Nebraska Hiring Laws Match or Differ from the Age Discrimination in Employment Act (ADEA)?

Under the Nebraska Age Discrimination in Employment Act, applicants ages 40 and over are protected from discrimination based on age in hiring. The law is nearly the same as the federal ADEA.

Do Nebraska Hiring Laws Match or Differ from the Americans with Disabilities Act (ADA)?

Nebraska hiring laws align with the ADA.

Do Nebraska Hiring Laws Match or Differ from the Genetic Information Nondiscrimination Act (GINA)?

Enacted in 2024, the Genetic Information Privacy Act of Nebraska only applies to direct-to-consumer companies that offer genetic testing. The federal GINA applies in hiring.

Do Nebraska Hiring Laws Match or Differ from Title VII of the Civil Rights Act of 1964?

Under the Nebraska Fair Employment Practice Act, employers are prohibited from discriminating against applicants based on race, sex, color, religion, or national origin. It also protects from discrimination based on age, marital status, and disability. The law applies to employers with at least six employees.

Are There Different Fair Hiring Laws in Cities or Municipalities Across Nebraska?

Yes, the city of Omaha has an ordinance that prohibits employers from discriminating against job applicants based on marital status, race, national origin, color, disability, sex, or religion.

With the right tools, ensuring fairness when recruiting and hiring doesn’t have to cause problems. Learn more about the applicant tracking capabilities built into WorkforceHub, like automation of data tracking and reporting for valuable insights. We can help your business maintain compliance with fair hiring regulations.