Nebraska Equal Opportunity Commission (NEOC) Charge of Discrimination

CHARGE OF DISCRIMINATION — NEBRASKA EQUAL OPPORTUNITY COMMISSION

TABLE OF CONTENTS

1. Filing Information
2. Complainant Information
3. Respondent Information
4. Date(s) of Discrimination
5. Basis of Discrimination
6. Statement of Particulars
7. Statutes Invoked
8. Dual-Filing Election
9. Verification and Notarization
10. Cover Letter to NEOC
11. Filing Methods and Contact Information
12. Practice Notes — Nebraska
13. Sources and References

1. FILING INFORMATION

2. COMPLAINANT INFORMATION

3. RESPONDENT INFORMATION

4. DATE(S) OF DISCRIMINATION

5. BASIS OF DISCRIMINATION

The discrimination was based upon (check all that apply):

☐ Race / Color (specify): [________________________________]

☐ Religion / Creed (specify): [________________________________]

☐ Sex / Gender

☐ Pregnancy, childbirth, or related medical condition (Neb. Rev. Stat. § 48-1111)

☐ Sexual orientation (federal Title VII per Bostock; not enumerated in NFEPA)

☐ Gender identity (federal Title VII per Bostock; not enumerated in NFEPA)

☐ National origin / Ancestry (specify): [________________________________]

☐ Disability — physical or mental (specify): [________________________________]

☐ Age — 40 or older (DOB: [__/__/____])

☐ Marital status (NFEPA only)

☐ Genetic information (federal GINA)

☐ Military or veteran status (public accommodations / housing)

☐ Familial status (housing)

☐ Retaliation for protected activity — opposition / participation (specify): [________________________________]

6. STATEMENT OF PARTICULARS — WHAT HAPPENED?

I. I, [COMPLAINANT NAME], was hired by [RESPONDENT] on [__/__/____] as a [POSITION]. I was qualified for my position and, at all relevant times, performed at or above the legitimate expectations of my employer.

II. I am a member of the following protected class(es): [describe — e.g., I am a woman; I am African-American; I have a disability, namely [DIAGNOSIS], which substantially limits the major life activity of [SPECIFY]; I am 47 years old; I am pregnant; etc.].

III. Beginning on or about [__/__/____], I was subjected to the following adverse action(s) and unwelcome conduct:

1. [Describe specific incident #1 — date, location, supervisor or decision-maker, exact words spoken or written, witnesses, and any documentation.]
2. [Describe specific incident #2.]
3. [Describe specific incident #3.]

IV. Similarly situated employees who are [outside my protected class — e.g., male, white, under 40, non-disabled] were treated more favorably in that [describe disparate treatment, with names or job codes].

V. I engaged in protected activity by [opposing what I reasonably believed to be unlawful discrimination / filing an internal HR complaint dated (DATE) / filing this NEOC charge / participating in an investigation]. After my protected activity, the Respondent [describe retaliatory action].

VI. Respondent's stated reason for the adverse action — [REASON GIVEN] — is pretextual because [explain — shifting reasons, contradicted by documents, deviation from policy, temporal proximity, decision-maker bias, comparator evidence].

VII. As a direct result of the discrimination and retaliation, I have suffered [lost wages and benefits / denial of promotion / loss of seniority / emotional distress, anxiety, and humiliation / damage to professional reputation / out-of-pocket medical or counseling expenses].

VIII. I believe I have been discriminated against and retaliated against because of my [PROTECTED CHARACTERISTIC], in violation of the Nebraska Fair Employment Practice Act, Neb. Rev. Stat. §§ 48-1101 et seq.; the federal statutes identified below; and (if applicable) Neb. Rev. Stat. §§ 20-132 to 20-143 (public accommodations) and §§ 20-301 to 20-344 (fair housing).

7. STATUTES INVOKED

I bring this Charge under (check all that apply):

☐ Nebraska Fair Employment Practice Act, Neb. Rev. Stat. §§ 48-1101 to 48-1127 (employers with 15+ employees)

☐ Nebraska Age Discrimination in Employment Act, Neb. Rev. Stat. §§ 48-1001 to 48-1010 (employers with 20+ employees)

☐ Nebraska Equal Pay Act, Neb. Rev. Stat. §§ 48-1219 to 48-1227

☐ Nebraska Equal Opportunity in Public Accommodations Act, Neb. Rev. Stat. §§ 20-132 to 20-143

☐ Nebraska Fair Housing Act, Neb. Rev. Stat. §§ 20-301 to 20-344

☐ Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.

☐ Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.

☐ Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq.

☐ Genetic Information Nondiscrimination Act, 42 U.S.C. § 2000ff

☐ Equal Pay Act of 1963, 29 U.S.C. § 206(d)

☐ Pregnancy Discrimination Act, 42 U.S.C. § 2000e(k)

☐ Pregnant Workers Fairness Act, 42 U.S.C. § 2000gg

8. DUAL-FILING ELECTION (EEOC / HUD)

I want this charge filed with both the Nebraska Equal Opportunity Commission and the U.S. Equal Employment Opportunity Commission (EEOC) under the agencies' work-sharing agreement, 29 C.F.R. § 1601.13:

☐ Yes — Dual-file with EEOC.

☐ Yes — Dual-file with HUD (housing charges only).

☐ No — File with NEOC only.

I will advise the agencies if I change my address, telephone number, or email address. I will cooperate fully with the agencies in the processing of my charge in accordance with their procedures.

9. VERIFICATION AND NOTARIZATION

I declare under penalty of perjury that I have read the foregoing Charge of Discrimination, that the facts stated therein are true and correct to the best of my knowledge, information, and belief, and that this Charge is signed under oath.

[________________________________]

[COMPLAINANT NAME]

Date: [__/__/____]

STATE OF NEBRASKA

COUNTY OF [COUNTY]

Subscribed and sworn to (or affirmed) before me on this [____] day of [_______________], 20[____], by [COMPLAINANT NAME], who is personally known to me or who produced [FORM OF ID] as identification.

[________________________________]

Notary Public — State of Nebraska

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

10. COVER LETTER TO NEOC

[COMPLAINANT NAME]

[ADDRESS]

[CITY, NE ZIP]

[__/__/____]

Nebraska Equal Opportunity Commission

1526 K Street, Suite 310

Lincoln, NE 68508

Re: Charge of Discrimination — [COMPLAINANT] v. [RESPONDENT]

Dear Intake Officer:

Enclosed please find my signed, notarized Charge of Discrimination dated [__/__/____], filed within the 300-day period prescribed by Neb. Rev. Stat. § 48-1118. Please assign a charge number, dual-file with the U.S. Equal Employment Opportunity Commission under the agencies' work-sharing agreement, and direct all correspondence to me at the address above (or to my counsel listed below).

I am available for the formal intake interview at the Commission's convenience. I attach the following supporting documents:

☐ Resume / employment history

☐ Termination letter or adverse-action notice dated [__/__/____]

☐ Performance evaluations

☐ Internal HR complaint(s) and responses

☐ Medical documentation supporting accommodation request (where applicable)

☐ Witness list with contact information

☐ Other: [________________________________]

Please contact me with any questions or to schedule additional interviews. Thank you for your prompt attention.

Respectfully,

[________________________________]

[COMPLAINANT NAME]

cc: [COUNSEL, if represented]

11. FILING METHODS AND CONTACT INFORMATION

Nebraska Equal Opportunity Commission — Headquarters

1526 K Street, Suite 310

Lincoln, NE 68508

Telephone: (402) 471-2024 or (800) 642-6112

Website: https://neoc.nebraska.gov/

Omaha Office

Telephone: (402) 595-2028

Scottsbluff (Western Nebraska) Office

Telephone: (308) 632-1340 or (800) 830-8633

Hours: Monday–Friday, 8:00 a.m.–5:00 p.m. Central Time

Filing Methods:

☐ Walk-in intake at any NEOC office (no appointment required during business hours)

☐ Telephone intake (call any office to schedule an intake interview)

☐ Online inquiry form via the NEOC "Contact Us" page (initial inquiry only — formal charge requires signature and notarization)

☐ Mail to the Lincoln address above

EEOC (for dual-filing reference):

EEOC Kansas City Area Office (covering Nebraska)

400 State Avenue, Suite 905

Kansas City, KS 66101

Telephone: (800) 669-4000

Website: https://www.eeoc.gov/

12. PRACTICE NOTES — NEBRASKA

• Filing deadlines (jurisdictional). Employment (NFEPA / Title VII / ADA / ADEA) — 300 days under Neb. Rev. Stat. § 48-1118. Public accommodations — 10 days. Housing (Fair Housing Act) — 1 year. State Equal Pay Act — 4 years. The 10-day public-accommodations window is exceptionally short and is the single most common pitfall in Nebraska civil-rights practice.
• Notarization gating. A charge is not "filed" until NEOC receives a signed, notarized copy. Online inquiry forms and intake calls do not satisfy the statutory requirement. Plan workflows so the notarized charge is in the agency's hands within the limitations period.
• Work-share agreement. NEOC and EEOC operate under a written work-share agreement; a charge filed with one is automatically deemed filed with the other for cross-statute coverage. Always check the dual-file box.
• No state-law punitive damages. Neb. Const. art. VII, § 5, bars punitive, exemplary, or vindictive damages on Nebraska-law claims. Distinctive Printing & Packaging Co. v. Cox, 232 Neb. 846 (1989). NEOC cannot order punitive damages on a NFEPA or § 20-132 violation. Any punitive recovery must come through the dual-filed Title VII / ADA / ADEA / § 1981 claim, processed by EEOC and ultimately tried in federal or state court under federal law.
• Right to sue. A complainant may file a civil action in district court at any stage prior to NEOC dismissal under Neb. Rev. Stat. § 48-1119; doing so terminates the NEOC proceeding. To preserve federal claims, wait for and use the EEOC Notice of Right to Sue and file within 90 days of receipt.
• NFEPA scope and protected classes. Employers with 15+ employees (§ 48-1102). Enumerated classes: race, color, religion, sex (incl. pregnancy under § 48-1111), disability, marital status, national origin. NFEPA does not enumerate sexual orientation or gender identity — those theories must rely on Title VII per Bostock.
• Retaliation. Section 48-1114 protects opposition, participation, and the filing of charges. Causation is shown by direct evidence, temporal proximity, or pretext.
• Investigation timeline. NEOC routinely takes 6–18 months to investigate. Mediation is offered free and resolves over 70% of cases within 30–60 days when both parties consent. Consider mediation early to avoid the protracted investigative process.
• § 20-148 alternative. For employers below 15 employees, no NEOC jurisdiction exists, but Neb. Rev. Stat. § 20-148 supplies a private cause of action in district court without administrative exhaustion. A 300-day limitations period generally applies by analogy.

13. SOURCES AND REFERENCES

• Nebraska Equal Opportunity Commission — https://neoc.nebraska.gov/
• NEOC Complaint Process — https://neoc.nebraska.gov/complaint-process
• NEOC Employment page — https://neoc.nebraska.gov/employment
• Neb. Rev. Stat. § 48-1101 (NFEPA short title) — https://nebraskalegislature.gov/laws/statutes.php?statute=48-1101
• 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. § 48-1117 (powers and duties of NEOC) — https://nebraskalegislature.gov/laws/statutes.php?statute=48-1117
• 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; relief) — https://nebraskalegislature.gov/laws/statutes.php?statute=48-1119
• Neb. Rev. Stat. § 20-132 (public accommodations) — https://nebraskalegislature.gov/laws/statutes.php?statute=20-132
• Neb. Rev. Stat. § 20-148 (private cause of action) — https://nebraskalegislature.gov/laws/statutes.php?statute=20-148
• Neb. Const. art. VII, § 5 — https://nebraskalegislature.gov/laws/articles.php?article=VII-5
• Nebraska Fair Employment Practice Act PDF (NEOC) — https://neoc.nebraska.gov/sites/default/files/2024-06/NebraskaFairEmploymentAct.pdf
• 29 C.F.R. § 1601.13 (EEOC/FEPA work-share)
• 42 U.S.C. § 2000e-5 (Title VII enforcement)
• Distinctive Printing & Packaging Co. v. Cox, 232 Neb. 846 (1989)
• Bostock v. Clayton County, 590 U.S. 644 (2020)
• Nat'l R.R. Passenger Corp. v. Morgan, 536 U.S. 101 (2002)

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 charge before filing. Laws, citations, and agency procedures change; verify all authorities and deadlines before filing. The 10-day public-accommodations deadline is a particularly common pitfall — confirm the current rule with the NEOC before relying on this template.