Women and men, including transsexual people, have the right not to be discriminated against at work in Nebraska because of their sex.
The law recognizes several forms of discrimination including:
direct discrimination
harassment
indirect discrimination
victimization.
Direct discrimination
Direct sex discrimination is less favorable treatment of a woman than a man (or vice versa) because of their sex.
Example
An employer transfers a woman from her post against her will because she is having a relationship with a colleague. If the employer does not transfer men in the same circumstances, this transfer may be direct sex discrimination.
Example
A hospital insists that a male nurse has a chaperon when seeing patients. If a female nurse is not required to have a chaperon, this requirement may be direct sex discrimination.
Harassment
It is against the law to subject employees or vocational trainees to harassment on grounds of their sex or gender reassignment. Harassment is a form of direct discrimination.
Sexual harassment is defined as unwanted behavior that takes place simply because someone is a woman or a man. The behavior is done with the purpose of, or has the effect of, violating the person’s dignity, or it creates an intimidating, hostile, degrading, humiliating or offensive environment for her (or him).
Example
'I am a female apprentice electrician and all my colleagues are men. I feel like even though my work is of a high standard, my boss constantly criticizes me and shouts at me whereas he does not bully the men in this way. A new male apprentice has started at work and he is receiving much more one to one training and assistance. I asked for the same training which I need in order to complete my apprenticeship but my boss called me a 'stupid little girl' and said that if I couldn't do the job properly I should leave. My colleagues often play tricks on me such as putting my tools on a high shelf where they know I can't reach them. They do not behave this way towards one another.
The law recognizes several forms of discrimination including:
direct discrimination
harassment
indirect discrimination
victimization.
Direct discrimination
Direct sex discrimination is less favorable treatment of a woman than a man (or vice versa) because of their sex.
Example
An employer transfers a woman from her post against her will because she is having a relationship with a colleague. If the employer does not transfer men in the same circumstances, this transfer may be direct sex discrimination.
Example
A hospital insists that a male nurse has a chaperon when seeing patients. If a female nurse is not required to have a chaperon, this requirement may be direct sex discrimination.
Harassment
It is against the law to subject employees or vocational trainees to harassment on grounds of their sex or gender reassignment. Harassment is a form of direct discrimination.
Sexual harassment is defined as unwanted behavior that takes place simply because someone is a woman or a man. The behavior is done with the purpose of, or has the effect of, violating the person’s dignity, or it creates an intimidating, hostile, degrading, humiliating or offensive environment for her (or him).
Example
'I am a female apprentice electrician and all my colleagues are men. I feel like even though my work is of a high standard, my boss constantly criticizes me and shouts at me whereas he does not bully the men in this way. A new male apprentice has started at work and he is receiving much more one to one training and assistance. I asked for the same training which I need in order to complete my apprenticeship but my boss called me a 'stupid little girl' and said that if I couldn't do the job properly I should leave. My colleagues often play tricks on me such as putting my tools on a high shelf where they know I can't reach them. They do not behave this way towards one another.
I am now keeping a diary to record all these incidents so that I can make a complaint.'
In this example, the employee’s written diary could provide important evidence of a pattern of unlawful behavior The evidence could show that she has suffered direct sex discrimination (in access to training and being criticized where males are not). She could also show that she is being harassed on the grounds of her gender if she could show that the treatment created a humiliating and degrading work environment for her.
If you think you have experienced direct discrimination, read a previous blog post here for more information on how to take a case forward. Angela Madathil is a Nebraska employment attorney. She is happy to offer a free consultation to discuss the merits of your case
Indirect discrimination
Indirect sex discrimination occurs when an employer applies a provision, criterion or practice equally to both women and men that puts one sex at an unfair disadvantage.
Example
An employer specifies that applicants for a job must be over six feet tall, even though this would not affect the person’s ability to do the job. This would be indirect discrimination against women, since it would be harder for them to fulfill this criterion.
If you think you have experienced indirect discrimination, read a previous blog post here for more information on how to take a case forward. Angela Madathil is a Nebraska employment attorney. She is happy to offer a free consultation to discuss the merits of your case.
Whistle-Blowing or Victimization
Victimization occurs when you are treated less favorably than others because you make a complaint of discrimination or support someone else to do. If you are denied promotion or training or are moved away from your usual workplace because of your involvement in a complaint of sex discrimination, this may be considered victimization.
Claims of victimization can also be taken to an employment tribunal. There must be clear evidence that the victimization is due to allegations about discrimination that you made, or due to your supporting someone else's complaint.
If you think you have experienced victimization, , read a previous blog post here for more information on how to take a case forward. Angela Madathil is a Nebraska employment attorney. She is happy to offer a free consultation to discuss the merits of your case.
Protections under Nebraska Law
The Nebraska Fair Employment Act (Neb. Rev. Stat. 48-1102) 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."
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. Angela is happy to serve lesbian, gay, bi-sexual, and transgendered or transsexual clients in Nebraska.
Madathil Law office serves Nebraska employment 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.
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