Reporting Required for Potential Claims

If you think you may have a claim against your employer, you should file a claim.  

Claims arising under Federal employment laws and Nebraska Fair Employment Practices Act (NEPA) require timely exhaustion of administrative remedies through the Nebraska Equal Opportunity Commission and/or the Equal Employment Opportunity Commission.  This means that you have to file a claim about your employers harassment or improper conduct in order to be able to file a lawsuit later.

The timing of the filing depends upon where the charge is filed.

If you intend to file with the Equal Employment Opportunity Commission: The charge must be filed within 180 days of the wrongdoing. 42 U.S.C. Sec 2000e-5(e)(1). Charges arising under state law
(NFEPA) may not be filed with the EEOC.  

For claims with the Nebraska Equal Opportunity Commission (NEOC), the charge must be filed within 300 days of the wrongdoing. The NEOC has a work share agreement with the EEOC and is able to
include federal claims arising under Title VII, the ADAAA, PDA and the ADEA.  Claims that arising under Nebraska law (the NFEPA) must be filed with NEOC first.  

You should file your claim with Omaha Civil Rights Commission and Lincoln Commission on Human Rights for claims arising under the respective city ordinances. If your employer has the requisite number of employees, the OCR and LCHR may also file with the NEOC and EEOC pursuant to a work share agreement with those agencies.