Sex Discrimination

The Iowa Supreme Court recently considered whether it is sex discrimination for a male employer to terminate a female employee because the employer’s wife, due to no fault of the employee, is concerned about the nature of the relationship between the employer and the employee in the case of Nelson v. Knight, No. 11-1857. Ultimately the Iowa Supreme Court held that the conduct does not amount to unlawful sex discrimination in violation of the Iowa Civil Rights Act.

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The Nebraska Fair Employment Act makes it illegal for an employer with 15 or more employees to discriminate against an employee on the basis of sex. 

The State of Nebraska, governmental agencies, and political subdivisions, regardless of the number of employees are subject to the act.  However, the definition of "employer" under the Nebraska Fair Employment Act does not include  the United States, a corporation wholly owned by the government of the United States, or an Indian tribe.

The Nebraska Fair Employment Act covers employment discrimination on the basis of race, color, religion, age, sex (including pregnancy), marital status, and national origin.

Sexual harassment or sex discrimination under Nebraska law includes "making unwelcome sexual advances, requesting sexual favors, and engaging in other verbal or physical conduct of a sexual nature if:

a) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment,

b) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or

c) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment."

Filing A Complaint

The Nebraska Equal Opportunity Commission investigates complaints filed with it free of charge. Complaints under state law must be filed within 300 days of the date you were discriminated against, unless you are solely filing an equal pay or age discrimination claim, in which case you have 4 years to file.  If you think you were wrongfully terminated or sexually discriminated against, you may want to also speak to an attorney.  An attorney can file a case on your behalf with the Nebraska Equal Opportunity Commission.

If you think you may have been wrongfully terminated or suffered sex discrimination in Nebraska you should consider contacting Angela Madathil.  Madathil Law Office specializes in employment law in Nebraska, and offers free consultations.  

Madathil Law office serves clients in Omaha, Lincoln, Lancaster County, Douglas County, Otoe, and Cass County Nebraska.  If need a Nebraska employment lawyer, consider contacting Angela Y. Madathil and the Madathil Law Firm.  

Contact us at angela@madathil-law.com or by telephone at 402.577.0686.  The firm offers free consultations.  For more information feel free to look at our website www.madathil-law.com.