20-139. Nebraska Fair Housing Act, free speech, and public accommodations law; administered by Equal Opportunity Commission; powers.
The Nebraska Fair Housing Act and sections 20-123, 20-124, and 20-132 to 20-143 shall be administered by the Equal Opportunity Commission, except that the State Fire Marshal shall administer the act and sections as they relate to accessibility standards and specifications set forth in sections 81-5,147 and 81-5,148. The county attorneys are granted the authority to enforce such act and sections 20-123, 20-124, and 20-132 to 20-143 and shall possess the same powers and duties with respect thereto as the commission. If a complaint is filed with the county attorney, the commission shall be notified. Powers granted to and duties imposed upon the commission pursuant to such act and sections shall be in addition to the provisions of the Nebraska Fair Employment Practice Act and shall not be construed to amend or restrict those provisions. In carrying out the Nebraska Fair Housing Act and sections 20-123, 20-124, and 20-132 to 20-143, the commission shall have the power to:
(1) Seek to eliminate and prevent discrimination in places of public accommodation because of race, color, sex, religion, national origin, familial status as defined in section 20-311, disability as defined in section 20-308.01, or ancestry;
(2) Effectuate the purposes of sections 20-132 to 20-143 by conference, conciliation, and persuasion so that persons may be guaranteed their civil rights and goodwill may be fostered;
(3) Formulate policies to effectuate the purposes of sections 20-132 to 20-143 and make recommendations to agencies and officers of the state or local subdivisions of government in aid of such policies and purposes;
(4) Adopt and promulgate rules and regulations to carry out the powers granted by the Nebraska Fair Housing Act and sections 20-123, 20-124, and 20-132 to 20-143, subject to the provisions of the Administrative Procedure Act. The commission shall, not later than one hundred eighty days after September 6, 1991, issue draft rules and regulations to implement subsection (3) of section 20-336, which regulations may incorporate regulations of the Department of Housing and Urban Development as applicable;
(5) Designate one or more members of the commission or a member of the commission staff to conduct investigations of any complaint alleging discrimination because of race, color, sex, religion, national origin, familial status, disability, or ancestry, attempt to resolve such complaint by conference, conciliation, and persuasion, and conduct such conciliation meetings and conferences as are deemed necessary to resolve a particular complaint, which meetings shall be held in the county in which the complaint arose;
(6) Determine that probable cause exists for crediting the allegations of a complaint;
(7) Determine that a complaint cannot be resolved by conference, conciliation, or persuasion, such determination to be made only at a meeting where a quorum is present;
(8) Dismiss a complaint when it is determined there is not probable cause to credit the allegations;
(9) Hold hearings, subpoena witnesses and compel their attendance, administer oaths, take the testimony of any person under oath, and in connection therewith require for examination any books or papers relating to any matter under investigation or in question before the commission; and
(10) Issue publications and the results of studies and research which will tend to promote goodwill and minimize or eliminate discrimination because of race, color, sex, religion, national origin, familial status, disability, or ancestry.
Source
Cross References
Structure Nebraska Revised Statutes
20-105 - Transferred to section 20-302.
20-106 - Transferred to section 20-310.
20-107 - Transferred to section 20-318.
20-109 - Transferred to section 20-321.
20-110 - Transferred to section 20-322.
20-112 - Transferred to section 20-324.
20-113.01 - Legislative findings.
20-121 - Transferred to section 20-344.
20-122 - Transferred to section 20-132.
20-123 - Intent, purpose, public policy; freedom of speech.
20-124 - Interference; restraint of freedoms; penalty.
20-125 - Transferred to section 20-301.
20-126.01 - Disability, defined.
20-128 - Pedestrian using cane or service animal; driver of vehicle; duties; violation; damages.
20-129 - Denying or interfering with admittance to public facilities; penalty.
20-130 - White Cane Safety Day; proclamation; Governor issue.
20-131 - Employment by state and political subdivisions; policy.
20-131.01 - Full and equal enjoyment of housing accommodations; statement of policy.
20-131.02 - Housing accommodations; terms, defined.
20-131.03 - Housing accommodations; modification; not required.
20-131.04 - Service animal; access to housing accommodations; terms and conditions.
20-132 - Full and equal enjoyment of accommodations.
20-133 - Places of public accommodation, defined.
20-134 - Discriminatory practices; violation; penalty.
20-135 - Prohibited acts; violation; penalty.
20-136 - Retaliation; discrimination; violation; penalty.
20-137 - Religious preference; not violation of discriminatory practice.
20-138 - Private club or establishment not open to public; applicability of sections.
20-142 - Appeal; procedure; attorney's fees; failure to appeal; effect.
20-144 - Finding by Legislature.
20-148 - Deprivation of constitutional and statutory rights, privileges, or immunities; redress.
20-149 - Consumer reporting agency; furnish information; duty; violation; penalty.
20-152 - Deaf or hard of hearing person; arrest; right to interpreter; use of statements.
20-153 - Proceedings; interpreter provided; when.
20-154 - Appointment of additional interpreters.
20-155 - Proof of hearing impairment.
20-155.01 - Interpreter; oath required.
20-157 - Transferred to section 20-155.01.
20-158 - Interpreter; privilege applicable.
20-163 - Person with developmental disabilities; access to records; conditions.
20-164 - Mentally ill individual; access to records; conditions.
20-165 - Records; redisclosure; conditions.
20-166 - Protection and advocacy system; pursuit of administrative remedies; when required.
20-167 - Discrimination; legislative intent; state agencies; duties.
20-169 - Individual; threat to health or safety; unable to perform duties; effect.
20-201 - Right of privacy; legislative intent.
20-203 - Invasion of privacy; trespass or intrude upon a person's solitude.
20-204 - Invasion of privacy; place person before public in false light.
20-205 - Publication or intrusion; not actionable; when.
20-206 - Right of privacy; defenses and privileges.
20-207 - Invasion of privacy; action; nonassignable.
20-208 - Invasion of privacy; death of subject; effect.
20-209 - Libel, slander, or invasion of privacy; one cause of action.
20-210 - Judgment; bar against other actions.
20-211 - Invasion of privacy; statute of limitations.
20-302 - Civil rights; policy of state.
20-303 - Definitions, where found.
20-304 - Aggrieved person, defined.
20-306 - Complainant, defined.
20-307 - Conciliation, defined.
20-308 - Conciliation agreement, defined.
20-308.01 - Disability, defined.
20-309 - Discriminatory housing practice, defined.
20-311 - Familial status, defined.
20-313 - Transferred to section 20-308.01.
20-317 - Restrictive covenant, defined.
20-318 - Unlawful acts enumerated.
20-320 - Transaction related to residential real estate; discriminatory practices prohibited.
20-323 - Affirmative action required; cooperation with commission.
20-326 - Discriminatory housing practice; complaint; procedure; investigation.
20-327 - Complaint; conciliation; conciliation agreement; effect.
20-328 - Final investigative report; contents; amendment.
20-329 - Conciliation agreement; breach; civil action authorized.
20-330 - Conciliation proceedings; investigations; restrictions on use of information.
20-331 - Temporary or preliminary relief; other proceedings; actions authorized.
20-332 - Complaint; referral to local agency; procedure; certification of local agency.
20-334 - Commission; subpoenas; discovery orders; violations; penalty.
20-335 - Civil action in lieu of hearing; election authorized.
20-337 - Hearing officer; powers and duties; civil penalties; order; effect.
20-338 - Finding, conclusion, or order; review; final order; service.
20-339 - Appeal; enforcement of hearing officer's order; procedure.
20-340 - Civil action in lieu of hearing; relief authorized.
20-341 - Attorney's fees and costs; when allowed.
20-404 - Declaration relating to use of life-sustaining treatment.
20-405 - When declaration operative.
20-406 - Revocation of declaration.
20-407 - Recording determination of terminal condition and declaration.
20-408 - Treatment of qualified patients.
20-409 - Transfer of patients.
20-412 - Miscellaneous provisions.
20-413 - When health care provider may presume validity of declaration.
20-414 - Recognition of declaration executed in another state.
20-415 - Effect of previous declaration.
20-416 - Uniformity of application and construction.
20-501 - Racial profiling; legislative intent.
20-502 - Racial profiling prohibited.
20-506 - Racial Profiling Advisory Committee; created; members; duties.