1. Where
are you located and what are your phone numbers?
A. We have three offices.
Our main office is in Lincoln at the State Office Building, 301
Centennial Mall, South, on the fifth floor. The physical address is
the southeast corner of 14th and M streets in downtown Lincoln. The
postal address is P.O. Box 94934, Lincoln, Nebraska, 68509-4934. The
phone number is (402) 471-2024. The toll-free number is
800-642-6112. The fax number is (402) 471-4059.
Our office in Omaha is located at 1313 Farnam on-the-Mall, Omaha,
Nebraska, 68102-1836. The telephone number is (402) 595-2028.
The toll-free number is 800-382-7820. The fax number is (402)
595-1205.
Our office in Scottsbluff is located at the Panhandle State Office
Complex, 4500 Avenue "I". The postal address is P.O. Box
1500, Scottsbluff, Nebraska, 69363-1500. The telephone number is
(308) 632-1340. The toll-free number is 800-830-8633. The fax
number is (308) 632-1341.
2. What laws do you enforce?
A. The NEOC is authorized to enforce various
statutes.
- The Nebraska Fair Employment Act (FEPA) deals with employment
discrimination on the basis of race, color, national origin, religion,
sex (including pregnancy), disability, marital status, and
retaliation.
-
Nebraska
Age Discrimination in Employment Act (Age Act) deals with employment discrimination on the basis of age
(40+).
- The Equal Pay Act covers the issue of discrimination between
genders in pay.
- The Act Providing Equal Enjoyment of Public Accommodations (Public
Accommodations Act) deals with discrimination in the enjoyment of
places of public accommodation.
- The Nebraska Fair Housing Act deals with discrimination issues
relating to housing.
In order to prevent duplicative proceedings, the NEOC is also
authorized, by federal statute, to receive and investigate - concurrently
with charges filed under the listed state laws - charges alleging
violations of certain federal statutes.
- Title VII of the Civil Rights Act of 1964 (Title VII)
- The Age Discrimination in Employment Act (Federal Age Act)
- Title I of the Americans with Disabilities Act (ADA)
- The U.S. Fair Housing Act
In addition, all laws enforced by the NEOC contain provisions barring
retaliation. Anyone who has opposed any practice made unlawful by
the statutes or who has participated in any manner in any proceeding to
enforce the statutes is protected.
3. NEOC, EEOC, HUD, LCHR, OHRD - What do they mean?
A. NEOC stands for the Nebraska Equal Opportunity
Commission. EEOC stands for the U.S. Equal Employment Opportunity
Commission. HUD stands for the U.S. Department of Housing and Urban
Development. LCHR stands for the Lincoln Commission on Human Rights.
OHRD stands for the Omaha Human Relations Department.
4. How do I
file?
A. Our Complaint section
explains the complaint process in detail. Essentially, you Contact
Us and our Intake Unit will discuss your situation and explain the
laws. They will draft a complaint form which you would sign and have
notarized. Once received back in our office, the charge is
officially filed.
5. I
broke my leg and was fired. Can I file?
A. A temporary injury may not be a disability under the Americans
With Disabilities Act. However, the ADA is a complex law. Contact
Us and our Intake Unit can help explain the law as it would apply to
your specific situation.
6. How
long do I have to file?A. The time limit varies on the law and whether you are filing
under state or federal laws. A guideline is, from the date of any
alleged harm.
- Employment - FEPA - 300 days
- Employment - Age - 300 days
- Employment - Equal Pay - 4 years
- Housing - 1 year
- Public Accommodations - 10 days
Contact Us for more information on the
time limits as they apply to your specific situation.
7. I
am a student and I think I'm being discriminated against at school.
Can I file?A. Race discrimination in schools falls under Title VI of the
Civil Rights Act of 1964. Sex discrimination and harassment falls
under Title IX of the Education Amendments of 1972. Disability
discrimination falls under Section 504 of the Rehabilitation Act of 1973
and Title II of the Americans with Disabilities Act of 1990.
None of these laws are within the jurisdiction of the Nebraska Equal
Opportunity Commission. They are federal laws and are enforced by
the U.S. Department of Education.
To find out more, contact the Office for Civil Rights, Kansas City
Office, U.S. Department of Education, 8930 Ward Parkway, Suite 2037,
Kansas City, Missouri, 64114.
The telephone number is (816) 268-0550. The fax number is (816)
891-0644. In addition, the U.S. Department of Education maintains a web site
located at www.ed.gov.
Information specific to Title VI, Title IX, Section 504, and Title II can
be found at www.ed.gov/offices/ocr/ocrprod.html.
8. What
are your hours?A. Our hours are 8.00 a.m. through
5.00 p.m., Monday through
Friday, excluding state holidays. We are able to help you over the
phone, as well as in person.
9. How
long until my case is investigated?A. We must receive the response from the Respondent before
we can investigate the case. Respondents are permitted 30 calendar
days to make their response, and may request an additional 30 day
extension. Rest assured that your case is still on file and will be
investigated in its turn. If you have further questions regarding
your case, Contact Us. Be sure to
have your case number available.
10. What
do all the numbers in my case number mean?
A. A typical number resembles this format.
1-99/00-12-12345-R.
The 1 is a reference to the office in which the case was officially
filed. A 1 means Lincoln, a 2 means Omaha, and a 3 means
Scottsbluff.
The 99/00 is a reference to the fiscal year in which the case was filed. Cases filed from July 1999 through June 2000 will carry this
year marker.
The 12 is the month in which the case was filed.
The 12345 is the unique five digit number that identifies the
case. No two cases have the same five digit number.
The R means that the case was filed with the EEOC as well as with the
NEOC.
11. What
are the bases for filing?A. It varies by law.
- In employment, discrimination based on race, color, national origin,
religion, sex (including pregnancy), disability, marital status, or
age (over 40) is prohibited.
- In housing, discrimination on the basis of race, color, national
origin, religion, sex, disability, or familial status is prohibited.
- In public accommodations, discrimination based on race, color,
national origin, ancestry, religion, or sex is prohibited.
In addition, all laws enforced by the NEOC contain provisions barring
retaliation. You can find out more about the various laws in our Laws
and Regulation section, as well as in our Education
and Outreach area. Of course, you are welcome to Contact
Us for answers regarding your specific situation.
12. Are
you open on weekends?A. No. We are open from
8.00 a.m. through 5.00 p.m., Monday
through Friday, excluding state holidays. Contact
Us for more information.
13. I've
been fired. Can I file?A. Nebraska is an at-will employment state. This means that
employers can terminate employment for virtually any reason.
However, it is unlawful to terminate someone because of race,
color, national origin, religion, sex (including pregnancy), disability,
marital status, age (over 40), or for opposing illegal activity. The
laws are complex. If you feel you may have been discriminated
against, Contact Us for information more
specific to your situation.
14. I
need an attorney. Can you recommend one?
A. The NEOC does not provide attorney referrals. We suggest
you contact the Nebraska Bar Association for referrals. They can be
reached at 635 South 14th Street, P.O. Box 81809, Lincoln, Nebraska,
68501-1809. The phone number is (402) 475-7091. The toll free
number is (800) 927-0117. The fax number
is (402) 475-7098. They also have a web site at www.nebar.com.
15. I
represent a company which was filed against. Can I get an extension
for filing my response?A. For FEPA and Age employment cases or for Public Accommodation
cases, you are permitted one 30 day extension. Please fax or write the individual under whose name the serve letter was sent.
For housing cases, there is no extension process. If you need
additional time to prepare your response, you must communicate directly
with the assigned investigator.
16. I
think I was fired because I'm gay. Can I file?
A. Sexual orientation is not a protected basis under the
laws which the NEOC enforces.
17. My
case was investigated, but I haven't heard anything regarding the
decision. How can I find out more?
A. Contact Us at our
Lincoln office and ask. Please be aware, each case, once the
investigation is concluded, is examined closely by our Executive
Director. The Executive Director examines the cases for all three offices and all the
investigators within those offices. In addition, the Executive
Director has many
administrative and public duties to perform. It can take some time
between the conclusion of the investigation and the final decision.
18. Who
makes the final decision?
A. The Executive Director makes the final decision on FEPA
cases. All other decisions are rendered by the Commission
itself. Investigators state the facts of the case, but do not make
the decisions.
19. What
are the types of decisions?
A. An investigated case will generally have one of two
phrases. Reasonable Cause means that the Commission believes there
is significant reason to believe that discrimination did occur. No
Reasonable Cause means that the Commission does not believe there is
significant evidence to believe that discrimination did occur. A case
may also receive an Administrative Dismissal. If the Complainant
withdraws their charge, requests a Right to Sue, settles before a decision
is made, or if other circumstances warrant it (such as a lack of
jurisdiction), a case may be dismissed
without a formal decision being rendered.
20. I
received a No Reasonable Cause decision. Can I appeal?
A. If you filed only under state law, no. If you
dual-filed with the EEOC, you can write to the EEOC and request a
substantial weight review. This review must be requested within 15
days of receiving the NEOC's decision. The EEOC will then examine the case and
render their decision. You must include your EEOC number in your
communication with the EEOC. Write to Joseph Wilson, State and Local
Coordinator, St. Louis District Office, 1222 Spruce Ave, Rm. 8.10, St
Louis, Missouri, 63103 to request a
substantial weight review.
21. I
was told my signature needs to be notarized. What is this?
A. All charges must be notarized to be officially
filed. This involves signing your name in the presence of a notary
public. This individual then signs and dates the document, and
affixes their seal, signifying that the signature was properly
witnessed. Notary publics can be found at many offices. In
addition, all three NEOC offices have notary publics to witness signatures
if needed.
22. Do
I need an appointment?
A. It is strongly encouraged. If you call or walk
into our offices, we will talk to you briefly and then schedule an
appointment with you to talk about your situation in depth. Contact Us
if you wish to schedule an appointment with our Intake staff.
23. Do
you have a toll free number?
A. All three offices have toll free numbers. The
toll free numbers are:
- Lincoln - 800-642-6112
- Omaha - 800-382-7820
- Scottsbluff - 800-830-8633
24. Do
you have a fax number?
A. All three offices have fax numbers. The fax
numbers are:
- Lincoln - (402) 471-4059
- Omaha - (402) 595-1205
- Scottsbluff - (308) 632-1341
25. Do
you have anyone who speaks Spanish?
A. Our Omaha and Lincoln offices do have Spanish speakers.
26. How
do I get copies of the required Equal Opportunity poster?
A. The text of the poster is available in our Education
and Outreach section. To obtain copies of the poster, simply Contact Us
and we will be happy to send you as many as you need, in English or
Spanish, free of charge.
27. How do I get copies of your annual and
biennial reports? A. Our most recent reports
are available in our Meetings and Hearings
section. They are viewable online or downloadable as Microsoft
Word documents. If requested, we will mail hard copies to you.
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