Nebraska Civil Rights Complaint (State + Parallel Federal Counts)

CIVIL RIGHTS COMPLAINT — NEBRASKA (STATE AND PARALLEL FEDERAL COUNTS)

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Parties
4. Jurisdiction, Venue, and Administrative Exhaustion
5. Factual Allegations
6. Count I — Discrimination in Violation of NFEPA
7. Count II — Retaliation in Violation of NFEPA
8. Count III — Public Accommodations Discrimination
9. Count IV — Private Cause of Action Under Neb. Rev. Stat. § 20-148
10. Count V — Title VII (Federal)
11. Count VI — 42 U.S.C. § 1981 / § 1983 (Federal)
12. Count VII — ADA / ADEA (As Applicable)
13. Damages
14. Prayer for Relief
15. Demand for Trial by Jury
16. Signature and Service Blocks
17. Verification
18. Certificate of Service
19. Nebraska Practice Notes
20. Sources and References

1. CAPTION

STATE OF NEBRASKA

DISTRICT COURT OF [COUNTY] COUNTY

CASE NO. [________________________________]

COMPLAINT AND DEMAND FOR JURY TRIAL

2. INTRODUCTION

1.1. This is a civil rights action brought by Plaintiff [PLAINTIFF NAME] to redress unlawful [describe — discrimination / harassment / retaliation / denial of public accommodations] committed by Defendant(s) on the basis of Plaintiff's [PROTECTED CHARACTERISTIC — race, color, religion, sex, pregnancy, national origin, disability, age, marital status (NFEPA), or other].

1.2. Plaintiff brings parallel state and federal claims and seeks compensatory damages, equitable and injunctive relief, attorney's fees and costs, and — as to the federal claims only — punitive damages.

3. PARTIES

2.1. Plaintiff [PLAINTIFF NAME] is a resident of [CITY, COUNTY], Nebraska, and was employed by / a customer of / an applicant to Defendant at all times relevant.

2.2. Defendant [EMPLOYER NAME] ("Defendant Employer") is a [corporation / limited liability company / sole proprietorship / public entity] organized under the laws of [STATE] and conducting business in [COUNTY], Nebraska. Defendant Employer employed fifteen (15) or more employees for each working day in each of twenty (20) or more calendar weeks in the current or preceding calendar year, and is therefore an "employer" within the meaning of Neb. Rev. Stat. § 48-1102 and 42 U.S.C. § 2000e(b).

2.3. Defendant [INDIVIDUAL NAME] ("Individual Defendant") is and was at all relevant times an officer, supervisor, or agent of Defendant Employer acting within the scope of that authority and is sued in [individual / official] capacity, and is subject to liability under Neb. Rev. Stat. § 20-148.

4. JURISDICTION, VENUE, AND ADMINISTRATIVE EXHAUSTION

3.1. This Court has subject-matter jurisdiction over the state-law claims under Neb. Const. art. V, § 9, and over the federal claims as a court of general jurisdiction under the Supremacy Clause and Yellow Freight Sys., Inc. v. Donnelly, 494 U.S. 820 (1990).

3.2. Venue is proper in this County under Neb. Rev. Stat. § 25-403.01 because the unlawful acts complained of occurred in [COUNTY] County, Nebraska, and/or Defendant transacts business in this County.

3.3. Administrative exhaustion (NFEPA / Title VII / ADA / ADEA): Plaintiff timely filed Charge of Discrimination No. [NEOC CHARGE NO.] with the Nebraska Equal Opportunity Commission ("NEOC") on [DATE], within three hundred (300) days of the unlawful practice as required by Neb. Rev. Stat. § 48-1118. The charge was dual-filed with the U.S. Equal Employment Opportunity Commission ("EEOC") under the agencies' work-sharing agreement (EEOC Charge No. [EEOC CHARGE NO.]).

3.4. The NEOC issued its determination / dismissal on [DATE], and the EEOC issued a Notice of Right to Sue dated [DATE]. This Complaint is filed within ninety (90) days of receipt of the federal Notice of Right to Sue, as required by 42 U.S.C. § 2000e-5(f)(1).

3.5. No exhaustion required (§ 20-148 / § 1981 / § 1983): Claims under Neb. Rev. Stat. § 20-148 and 42 U.S.C. §§ 1981 and 1983 require no administrative exhaustion and are timely filed within the applicable limitations periods.

5. FACTUAL ALLEGATIONS

4.1. Plaintiff was hired / engaged / served by Defendant on [DATE] as a [POSITION / CAPACITY].

4.2. At all relevant times Plaintiff performed at or above legitimate expectations and was qualified for the position.

4.3. [Describe the protected characteristic with particularity — e.g., Plaintiff is African-American; Plaintiff is a woman; Plaintiff has a qualifying disability under the ADA, namely [DIAGNOSIS], which substantially limits the major life activities of [SPECIFY]; Plaintiff is age 40 or older (DOB [DATE]); Plaintiff is pregnant or recovering from childbirth; etc.].

4.4. Beginning on or about [DATE], Defendant subjected Plaintiff to [describe adverse action(s) — termination, demotion, denial of promotion, harassment, hostile work environment, denial of accommodation, refusal of service in a place of public accommodation, etc.], as detailed below.

4.5. [Specific incident #1 — date, location, decision-maker, words used, witnesses, documents.]

4.6. [Specific incident #2 — date, location, decision-maker, words used, witnesses, documents.]

4.7. [Comparator evidence — describe similarly situated employees outside the protected class who were treated more favorably; identify by initials or job code if necessary to protect privacy.]

4.8. [Pretext evidence — shifting reasons, statistical disparities, deviation from policy, temporal proximity to protected activity, comments by decision-makers.]

4.9. Plaintiff engaged in protected activity by [opposing the unlawful practice / filing an internal complaint on (DATE) / filing the NEOC charge on (DATE)], after which Defendant [describe retaliatory action].

4.10. As a direct and proximate result, Plaintiff suffered lost wages, lost benefits, emotional distress, humiliation, loss of reputation, and other damages.

6. COUNT I — DISCRIMINATION IN VIOLATION OF THE NEBRASKA FAIR EMPLOYMENT PRACTICE ACT

5.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 4.10.

5.2. Defendant is an "employer" within the meaning of Neb. Rev. Stat. § 48-1102.

5.3. It is an unlawful employment practice under Neb. Rev. Stat. § 48-1104 for an employer to fail or refuse to hire, to discharge, or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment because of such individual's race, color, religion, sex, disability, marital status, or national origin.

5.4. Defendant discriminated against Plaintiff in violation of § 48-1104 by [describe — termination, refusal to hire, demotion, denial of promotion, hostile work environment, failure to accommodate], on the basis of Plaintiff's [PROTECTED CHARACTERISTIC].

5.5. As a direct and proximate result, Plaintiff has suffered the damages described in Paragraph 13.

7. COUNT II — RETALIATION IN VIOLATION OF NFEPA

6.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 5.5.

6.2. Neb. Rev. Stat. § 48-1114 prohibits retaliation against any person who has opposed any practice made unlawful by NFEPA or who has filed a charge, testified, assisted, or participated in any investigation or proceeding.

6.3. Plaintiff engaged in protected activity by [describe].

6.4. Defendant subjected Plaintiff to a materially adverse action — namely, [describe] — that would dissuade a reasonable worker from making or supporting a charge.

6.5. There is a causal connection between Plaintiff's protected activity and the adverse action, including, without limitation, [temporal proximity / direct evidence / pretext].

8. COUNT III — PUBLIC ACCOMMODATIONS DISCRIMINATION (NEB. REV. STAT. §§ 20-132 et seq.)

7.1. Plaintiff realleges and incorporates the facts above.

7.2. Defendant operates a "place of public accommodation" within the meaning of Neb. Rev. Stat. § 20-133.

7.3. Under Neb. Rev. Stat. § 20-132, all persons within the State of Nebraska are entitled to the full and equal enjoyment of any place of public accommodation without discrimination or segregation on the grounds of race, color, sex, religion, national origin, disability, ancestry, or military or veteran status.

7.4. Defendant denied, withheld, or segregated Plaintiff in a place of public accommodation on the basis of [PROTECTED CHARACTERISTIC], in violation of Neb. Rev. Stat. §§ 20-132 and 20-134.

7.5. As a direct and proximate result, Plaintiff has suffered humiliation, emotional distress, and other compensatory damages.

9. COUNT IV — PRIVATE CAUSE OF ACTION UNDER NEB. REV. STAT. § 20-148

8.1. Plaintiff realleges and incorporates the facts above.

8.2. Neb. Rev. Stat. § 20-148 provides that any person or company, except any political subdivision, who subjects a citizen of the United States or other person within the jurisdiction of Nebraska to deprivation of any rights, privileges, or immunities secured by the United States Constitution or the Constitution and laws of the State of Nebraska, shall be liable to such injured person in a civil action.

8.3. Defendant deprived Plaintiff of rights secured by Neb. Rev. Stat. §§ 48-1101 et seq. and 20-132 et seq. and by 42 U.S.C. § 2000e et seq., as set forth above.

8.4. Section 20-148 reaches private employers of any size and authorizes suit without administrative exhaustion. Goolsby v. Anderson, 250 Neb. 306 (1996).

8.5. Plaintiff is entitled to general and special damages, equitable relief, attorney's fees, and costs.

10. COUNT V — TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 (42 U.S.C. § 2000e et seq.)

9.1. Plaintiff realleges and incorporates the facts above.

9.2. Defendant is an "employer" within the meaning of 42 U.S.C. § 2000e(b).

9.3. Defendant discriminated against Plaintiff because of Plaintiff's [race / color / religion / sex (including pregnancy, sexual orientation, or gender identity per Bostock v. Clayton County, 590 U.S. 644 (2020)) / national origin] in violation of 42 U.S.C. § 2000e-2(a) and retaliated against Plaintiff for protected activity in violation of § 2000e-3(a).

9.4. Plaintiff timely filed an EEOC charge and received a Notice of Right to Sue dated [DATE]; this Complaint is filed within 90 days thereof.

9.5. Plaintiff seeks all remedies available under Title VII and 42 U.S.C. § 1981a, including back pay, front pay, compensatory damages, punitive damages (subject to the § 1981a caps), reinstatement or other equitable relief, attorney's fees, and costs.

11. COUNT VI — 42 U.S.C. § 1981 / § 1983 (FEDERAL)

10.1. Plaintiff realleges and incorporates the facts above.

10.2. [§ 1981 — race or alienage discrimination in contracting:] Defendant intentionally interfered with Plaintiff's right to make and enforce contracts on the same terms as white citizens, in violation of 42 U.S.C. § 1981. Plaintiff seeks compensatory damages, punitive damages (uncapped under § 1981), attorney's fees under 42 U.S.C. § 1988, and costs.

10.3. [§ 1983 — only where Defendant is a state actor:] Defendant, acting under color of state law, deprived Plaintiff of rights secured by the Fourteenth Amendment (Equal Protection) in violation of 42 U.S.C. § 1983. Plaintiff seeks compensatory damages, punitive damages, attorney's fees under § 1988, and costs.

12. COUNT VII — ADA / ADEA (AS APPLICABLE)

11.1. Plaintiff realleges and incorporates the facts above.

11.2. [ADA:] Plaintiff is a "qualified individual with a disability" under 42 U.S.C. § 12111(8). Defendant failed to provide reasonable accommodation and/or discharged Plaintiff because of disability, in violation of 42 U.S.C. § 12112.

11.3. [ADEA:] Plaintiff is age 40 or older. Defendant willfully discriminated against Plaintiff because of age in violation of 29 U.S.C. § 623(a), entitling Plaintiff to liquidated damages under 29 U.S.C. § 626(b).

13. DAMAGES

12.1. Economic damages: back pay; front pay; lost benefits, including health insurance and retirement contributions; lost stock or equity; out-of-pocket job-search expenses.

12.2. Non-economic damages: emotional distress; mental anguish; loss of enjoyment of life; humiliation; reputational injury — recoverable under NFEPA, Title VII, ADA, § 1981, § 1983, and § 20-148.

12.3. Punitive damages (federal counts ONLY): awarded under Title VII / ADA (subject to the 42 U.S.C. § 1981a caps), § 1981 (no statutory cap), and § 1983 (no statutory cap). No punitive damages are sought under any Nebraska state-law count, as such damages are barred by Neb. Const. art. VII, § 5. Distinctive Printing & Packaging Co. v. Cox, 232 Neb. 846 (1989).

12.4. Equitable relief: reinstatement; promotion; expungement of disciplinary records; injunctive relief barring further discrimination and retaliation; mandatory training; posting of notice.

12.5. Attorney's fees and costs: awarded under Neb. Rev. Stat. § 48-1119(4) (NFEPA), § 20-148 (incorporated remedies), 42 U.S.C. § 2000e-5(k) (Title VII), § 1988 (§§ 1981, 1983), and 29 U.S.C. § 626(b) / 42 U.S.C. § 12117 (ADEA / ADA).

14. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that this Court:

• A. Enter judgment in favor of Plaintiff and against Defendants on all Counts;
• B. Award compensatory damages — back pay, front pay, lost benefits, emotional-distress damages, and other consequential damages — in an amount to be proven at trial;
• C. Award punitive damages on the federal counts only (Title VII, ADA, § 1981, § 1983) in an amount sufficient to punish and deter, subject to the caps of 42 U.S.C. § 1981a where applicable;
• D. Order equitable relief including reinstatement (or front pay in lieu thereof), promotion, expungement, and injunctive relief restraining further unlawful conduct;
• E. Award reasonable attorney's fees and costs under Neb. Rev. Stat. § 48-1119, § 20-148, 42 U.S.C. § 2000e-5(k), § 1988, and 29 U.S.C. § 626(b);
• F. Award pre-judgment and post-judgment interest at the maximum rate allowed by law;
• G. Grant such other and further relief as this Court deems just and equitable.

15. DEMAND FOR TRIAL BY JURY

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right under the Seventh Amendment to the United States Constitution, Neb. Const. art. I, § 6, Fed. R. Civ. P. 38, and Neb. Rev. Stat. § 25-1104.

16. SIGNATURE AND SERVICE BLOCKS

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Nebraska Bar No. [####]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, NE ZIP]

Telephone: [__________]

Email: [________________________________]

17. VERIFICATION

STATE OF NEBRASKA

COUNTY OF [COUNTY]

I, [PLAINTIFF NAME], being first duly sworn upon oath, depose and say that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint and know the contents thereof; and that the same is true to my own knowledge except as to those matters stated upon information and belief, and as to those matters I believe them to be true.

[________________________________]

[PLAINTIFF NAME]

Subscribed and sworn to before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public — State of Nebraska

(My Commission Expires: [__/__/____])

18. CERTIFICATE OF SERVICE

I hereby certify that on this [____] day of [_______________], 20[____], I served the foregoing COMPLAINT AND DEMAND FOR JURY TRIAL upon Defendants by:

☐ Personal service via the Sheriff of [COUNTY] County, Nebraska

☐ Certified mail, return receipt requested

☐ Service through the Nebraska JUSTICE eFiling system on counsel of record

☐ Other: [________________________________]

addressed to:

[DEFENDANT(S) — NAME, REGISTERED AGENT, ADDRESS]

[________________________________]

[ATTORNEY NAME]

19. NEBRASKA PRACTICE NOTES

• No state-law punitive damages. Neb. Const. art. VII, § 5, bars punitive, exemplary, or vindictive damages on any cause of action grounded in Nebraska law. Distinctive Printing & Packaging Co. v. Cox, 232 Neb. 846, 443 N.W.2d 566 (1989); Abel v. Conover, 170 Neb. 926 (1960). All fines and penalties in civil cases are payable to the common-school fund. Strategically, this is the principal reason Nebraska civil-rights plaintiffs plead parallel federal counts: Title VII, § 1981, § 1983, ADA, and ADEA-willfulness all permit punitive or liquidated damages that NFEPA cannot reach.
• NFEPA scope. NFEPA reaches employers with 15+ employees (Neb. Rev. Stat. § 48-1102) and tracks Title VII analytically. The Nebraska Supreme Court generally interprets NFEPA in step with Title VII case law. Father Flanagan's Boys' Home v. Goerke, 224 Neb. 731 (1987).
• Protected classes. NFEPA's enumerated classes are race, color, religion, sex (including pregnancy and childbirth, § 48-1111), disability, marital status, and national origin. NFEPA does NOT enumerate sexual orientation or gender identity. SO/GI claims against private employers must be brought under Title VII pursuant to Bostock v. Clayton County, 590 U.S. 644 (2020). The Nebraska Age Discrimination in Employment Act (Neb. Rev. Stat. §§ 48-1001 et seq.) is a separate statute reaching employers with 20+ employees.
• § 20-148 — the Nebraska sleeper. Section 20-148 provides a private cause of action against any private actor for deprivation of statutory or constitutional rights and reaches employers of any size, with no exhaustion requirement. It is a powerful supplement when an employer falls below the 15-employee NFEPA threshold or when the plaintiff prefers to bypass the NEOC.
• Filing deadlines. NFEPA charge: 300 days from harm (§ 48-1118). Public accommodations charge with NEOC: 10 days from harm. Housing charge with NEOC: 1 year from harm. Equal Pay charge: 4 years from harm. Section 20-148 actions: 300-day limitations period borrowed from NFEPA where the claim parallels an NFEPA right.
• Election of remedies. Under § 48-1119, a complainant may file a civil action in district court at any stage prior to dismissal, but doing so terminates the NEOC proceeding. Coordinate the filing with the EEOC right-to-sue letter to avoid jurisdictional snags on the federal counts.
• Attorney's fees. Available under § 48-1119(4) (NFEPA), § 20-148 (by incorporation of underlying remedy), and 42 U.S.C. § 1988 / § 2000e-5(k) for the federal counts.
• Service. Service in Nebraska state district court is governed by Neb. Rev. Stat. §§ 25-505.01 to 25-518.02, including service on registered agents under § 21-117 (LLCs) and § 21-2,225 (corporations).

20. SOURCES AND REFERENCES

• Neb. Rev. Stat. § 48-1101 (NFEPA short title) — https://nebraskalegislature.gov/laws/statutes.php?statute=48-1101
• Neb. Rev. Stat. § 48-1102 (definitions; 15-employee threshold) — https://nebraskalegislature.gov/laws/statutes.php?statute=48-1102
• Neb. Rev. Stat. § 48-1104 (unlawful employment practices) — https://nebraskalegislature.gov/laws/statutes.php?statute=48-1104
• Neb. Rev. Stat. § 48-1114 (retaliation) — https://nebraskalegislature.gov/laws/statutes.php?statute=48-1114
• Neb. Rev. Stat. § 48-1118 (charge filing — 300 days) — https://nebraskalegislature.gov/laws/statutes.php?statute=48-1118
• Neb. Rev. Stat. § 48-1119 (civil action; remedies; attorney's fees) — https://nebraskalegislature.gov/laws/statutes.php?statute=48-1119
• Neb. Rev. Stat. § 20-132 (public accommodations — protected classes) — https://nebraskalegislature.gov/laws/statutes.php?statute=20-132
• Neb. Rev. Stat. § 20-133 (places of public accommodation defined) — https://nebraskalegislature.gov/laws/statutes.php?statute=20-133
• Neb. Rev. Stat. § 20-148 (private cause of action) — https://nebraskalegislature.gov/laws/statutes.php?statute=20-148
• Neb. Const. art. VII, § 5 (constitutional bar on punitive damages) — https://nebraskalegislature.gov/laws/articles.php?article=VII-5
• Distinctive Printing & Packaging Co. v. Cox, 232 Neb. 846 (1989)
• Abel v. Conover, 170 Neb. 926 (1960)
• Goolsby v. Anderson, 250 Neb. 306 (1996)
• Father Flanagan's Boys' Home v. Goerke, 224 Neb. 731 (1987)
• Bostock v. Clayton County, 590 U.S. 644 (2020)
• Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.
• 42 U.S.C. §§ 1981, 1983, 1988
• Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.
• Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq.
• Nebraska Equal Opportunity Commission — https://neoc.nebraska.gov/
• NEOC Complaint Process — https://neoc.nebraska.gov/complaint-process

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Nebraska must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.