FEPA Discrimination Charge and Right-to-Sue Procedure — Nebraska

FEPA Discrimination Charge and Right-to-Sue Procedure (NEBRASKA)

Quick-Reference Summary

Part A — Pre-Filing Eligibility Memo

TO: [CLIENT NAME]
FROM: [COUNSEL NAME]
DATE: [__/__/____]
RE: Eligibility and Strategy — Nebraska FEPA / NEOC Charge

A.1 Statute Selection (Critical)

A.2 Coverage Analysis

A.3 Protected Class Identified

☐ Race ☐ Color ☐ National origin
☐ Religion ☐ Sex ☐ Pregnancy / childbirth / related conditions
☐ Disability (mental / physical) ☐ Marital status ☐ Military or veteran status
☐ Genetic information (§ 48-236)
☐ Age 40+ (NE-ADEA — separate procedure)
☐ Retaliation — § 48-1114

A.4 Forum Selection

☐ NEOC (state FEPA)
☐ Lincoln Commission on Human Rights (LCHR) — if employed in Lincoln
☐ Omaha Human Rights/Relations Dept. — if employed in Omaha
☐ EEOC (federal cross-filing)
☐ Direct § 20-148 action in district court (alternative)

Part B — Charge of Discrimination (NEOC Filing)

FILED WITH: Nebraska Equal Opportunity Commission
301 Centennial Mall South, P.O. Box 94934, Lincoln, NE 68509-4934
CROSS-FILED WITH: U.S. Equal Employment Opportunity Commission (EEOC)

Re: Charge of Discrimination — Nebraska FEPA, Neb. Rev. Stat. § 48-1104 — [CHARGING PARTY]

B.1 Charging Party

B.2 Respondent

B.3 Cause(s) of Discrimination (§ 48-1104)

☐ Race ☐ Color ☐ National origin
☐ Religion ☐ Sex ☐ Pregnancy
☐ Disability ☐ Marital status ☐ Genetic information
☐ Age (under separate NE-ADEA filing)
☐ Retaliation (§ 48-1114)

B.4 Date(s) Discrimination Took Place

B.5 The Particulars

1. I, [CHARGING PARTY], was hired by Respondent on [__/__/____] as [POSITION] at [$_____].

2. I am a member of a protected class under § 48-1104 because [____________].

3. On [__/__/____], [INDIVIDUAL ACTOR, TITLE] [____________].

4. The following similarly situated employees outside my protected class were treated more favorably: [____________].

5. I [complained / requested accommodation / engaged in protected activity] on [__/__/____].

6. On [__/__/____], Respondent [terminated / demoted / failed to promote / harassed] me.

7. I believe Respondent has discriminated against me on the basis of [____________] in violation of the Nebraska Fair Employment Practice Act, Neb. Rev. Stat. § 48-1104, and Title VII of the Civil Rights Act of 1964 / ADA (as applicable).

B.6 Verification (Sworn / Under Oath — § 48-1118(1))

I declare under oath, subject to the penalties of perjury under the laws of the State of Nebraska, that the foregoing charge is true and correct to the best of my knowledge and belief.

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

[____________________]
Notary Public — State of Nebraska
My commission expires: [__/__/____]

Part C — Right-to-Sue Demand Letter (Request for Notice of Last Action)

[__/__/____]

Executive Director
Nebraska Equal Opportunity Commission
301 Centennial Mall South
P.O. Box 94934
Lincoln, NE 68509-4934
By certified mail, return receipt requested
Email: [agency email]

Re: Request for Status and Any Notice of Last Action — Neb. Rev. Stat. § 48-1120.01 — NEOC Charge No. [_______________] — [CHARGING PARTY] v. [RESPONDENT]

Dear Director:

The undersigned complainant requests the status of the above-captioned charge and, if the Commission has taken its last action, the written notice described in Neb. Rev. Stat. § 48-1120.01. The 90-day period runs from receipt of notice of the Commission's last action; this request does not itself start that period.

1. The above-referenced charge was filed with the NEOC on [__/__/____].

2. ☐ The Commission has not yet issued a final administrative determination.
   ☐ The Commission has issued a determination of [reasonable cause / no reasonable cause / dismissal] and conciliation has [concluded / failed].
   ☐ The complainant elects to withdraw from administrative process and proceed in district court.

3. The complainant requests a status update and, if appropriate, notice of the Commission's last action under § 48-1120.01.

4. Upon receipt of the Notice, the complainant intends to file a civil action in the District Court of [____________] County within 90 days.

5. Please send the Notice of Last Action by U.S. mail to the addresses below and by email to counsel.

Respectfully,

[____________________]
[CHARGING PARTY / Counsel]

Part D — Pre-Suit Civil Complaint (Template)

IN THE DISTRICT COURT OF [____________] COUNTY, NEBRASKA

Case No. [_______________]
COMPLAINT — EMPLOYMENT DISCRIMINATION
(Neb. Rev. Stat. § 48-1119(4); § 48-1104; § 20-148)
JURY TRIAL DEMANDED

Plaintiff [NAME], by and through undersigned counsel, alleges as follows:

I. PARTIES

1. Plaintiff [NAME] is and at all material times was a resident of [____________] County, Nebraska.

2. Defendant [EMPLOYER] is a [corporation / LLC] doing business in [____________] County, Nebraska, and at all material times employed 15 or more employees within the meaning of Neb. Rev. Stat. § 48-1102.

II. JURISDICTION AND VENUE

3. This Court has subject-matter jurisdiction pursuant to Neb. Rev. Stat. § 48-1119(4) and § 24-302.

4. Venue is proper in [____________] County under § 25-403.01 because the claim arose and/or a defendant resides in this county.

III. ADMINISTRATIVE EXHAUSTION

5. Plaintiff filed a Charge of Discrimination with the Nebraska Equal Opportunity Commission on [__/__/____] (NEOC Charge No. [_______________]).

6. Plaintiff received a Notice of Last Action from the NEOC on [__/__/____].

7. This Complaint is filed within 90 days of receipt of notice of the Commission's last action, as required by Neb. Rev. Stat. § 48-1120.01.

IV. FACTS

8.–[__]. [Detail facts from charge particulars, expanded].

V. CAUSES OF ACTION

Count I — Discrimination on the basis of [____________] (Neb. Rev. Stat. § 48-1104)
Count II — Retaliation (Neb. Rev. Stat. § 48-1114)
Count III — Title VII / ADA parallel claim (if dual-filed)
Count IV — Civil rights cause of action under Neb. Rev. Stat. § 20-148 (alternative)

VI. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against Defendant for:

a. Back pay (limited under § 48-1119(3) to 2 years before charge);
b. Front pay or reinstatement;
c. Compensatory damages for emotional distress;
d. Reasonable attorney fees and costs under § 48-1119(4);
e. Pre- and post-judgment interest;
f. Such other relief as is just.

VII. JURY DEMAND

Plaintiff demands a jury trial.

Dated: [__/__/____]

[____________________]
[COUNSEL NAME, NSBA #_____]
[FIRM / ADDRESS / PHONE / EMAIL]
Attorney for Plaintiff

Part E — Pre-Filing Checklist

Coverage and Timing

☐ Employer has 15+ employees (NFEPA) — § 48-1102
☐ Adverse act occurred within 300 days — § 48-1118(2)
☐ 300-day deadline calendared
☐ Continuing-violation analysis completed (Brown v. Regional West, 300 Neb. 937)
☐ Age claim filed separately under NE-ADEA if applicable (§ 48-1008 procedure)
☐ EEOC 300-day deadline calendared (dual-filing)

Charge Drafting

☐ Sworn / under oath — § 48-1118(1)
☐ Sets forth facts on which based
☐ Names protected class and adverse act with dates
☐ Identifies actors by name and title in particulars
☐ Cross-filing with EEOC box checked

Filing

☐ Charge filed with NEOC (mail / online / in person)
☐ Confirmation of filing date
☐ Local FEPA option (LCHR / Omaha HRD) evaluated
☐ Litigation hold issued to client and employer

Investigation Stage

☐ Subject-matter prescreening anticipated — § 48-1118(1)
☐ Respondent 30-day answer deadline tracked (default = mandatory reasonable-cause finding) — § 48-1118(3)
☐ Mediation/conciliation evaluated within 30 days of reasonable-cause finding
☐ Client cooperation documented (failure to cooperate = dismissal — § 48-1118(3))

Notice of Last Action / Right to Sue

☐ Status and notice request under § 48-1120.01 drafted
☐ Notice of last action received and date docketed
☐ 90-day district-court deadline calendared from receipt

District Court Filing

☐ Venue analysis under § 25-403.01
☐ Complaint drafted with all required allegations
☐ Administrative exhaustion paragraph included
☐ NFEPA + § 20-148 + federal claims pleaded as appropriate
☐ Jury demand included
☐ Filing fee paid or IFP arranged
☐ Service plan ready

Damages

☐ Back pay calculation (capped at 2 years pre-charge — § 48-1119(3))
☐ Front pay valuation
☐ Mitigation log maintained
☐ Emotional distress documentation
☐ Attorney-fee timekeeping under § 48-1119(4)
☐ Note: punitive damages generally unavailable under NFEPA

Sources and References

• Nebraska Equal Opportunity Commission (NEOC) — https://neoc.nebraska.gov/
• NEOC Complaint Process — https://neoc.nebraska.gov/complaint-process
• Neb. Rev. Stat. § 48-1118 (Charge; time for filing; prescreen) — https://nebraskalegislature.gov/laws/statutes.php?statute=48-1118
• Neb. Rev. Stat. § 48-1119 (Hearings; direct civil action; remedies) — https://nebraskalegislature.gov/laws/statutes.php?statute=48-1119
• Neb. Rev. Stat. § 48-1120.01 (90-day deadline after notice of commission last action) — https://nebraskalegislature.gov/laws/statutes.php?statute=48-1120.01
• 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
• Nebraska FEPA Booklet (NEOC PDF) — https://neoc.nebraska.gov/sites/default/files/2024-06/NebraskaFairEmploymentAct.pdf
• Nebraska ADEA, §§ 48-1001 to 48-1010 — https://nebraskalegislature.gov/laws/statutes.php?statute=48-1008
• Neb. Rev. Stat. § 20-148 (civil rights) — https://nebraskalegislature.gov/laws/statutes.php?statute=20-148
• Brown v. Regional West Med. Ctr., 300 Neb. 937 (2018) — 300-day SOL
• Nebraska Constitution, art. VII, § 5 (official annotations on punitive damages for state-law claims): https://nebraskalegislature.gov/laws/articles.php?article=VII-5
• Lincoln Commission on Human Rights — https://www.lincoln.ne.gov/City/Departments/Lincoln-Commission-on-Human-Rights
• Omaha Human Rights and Relations Department — https://www.cityofomaha.org/human-rights-and-relations

This template is provided for informational purposes only and does not constitute legal advice. Consult a Nebraska-licensed attorney before filing any charge or civil action. Verify all statutory citations against the current Nebraska Revised Statutes.