An employer in Lincoln, Nebraska, who discharges a person from employment because of her race violates at least three laws. The federal, state, and local governments all prohibit employment discrimination based on race. This article is intended to aid the passage of Nebraska attorneys into and out of the procedural labyrinth created by the interrelationships among these three sets of laws. Although the article necessarily refers to the substantive provisions of the employment discrimination laws applicable in Nebraska, the focus is on procedures. Part I describes the procedural provisions of the state and local fair employment practices laws in Nebraska. It then discusses the interrelationship of those laws. Part II first describes the procedural provisions of Title VII of the Civil Rights Act of 1964 and discusses its interrelationship with state and local laws. The article concludes by considering procedural strategy in employment discrimination cases in Nebraska.
II. State and Local Procedures ... A. Coverage ... B. The Charge ... C. The Reasonable Cause Determination ... D. Conciliation ... E. Administrative Hearing ... F. Judicial Review
III. Coordination of State and Local Procedures ... A. Administrative Coordination ... B. Issue and Claim Preclusion ... 1. The Purposes of Preclusion Doctrines ... 2. The Purposes of Multiple Forums in Employment Discrimination Cases ... 3. Preclusion in Employment Discrimination Cases in Nebraska ... a. Claim Preclusion ... b. Issue Preclusion ... (i) Reasonable Cause Determinations ... (ii) Determinations Made after Administrative Hearings ... (iii) State Court Decisions
Steven L. Willborn,
Employment Discrimination Laws in Nebraska: A Procedural Labyrinth,
62 Neb. L. Rev.
Available at: http://digitalcommons.unl.edu/nlr/vol62/iss2/3