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Who
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The Nebraska Equal Opportunity Commission is a
quasi-judicial, administrative agency of the state created by state law
for the purpose of receiving, investigating, rendering formal
determinations, and conciliating charges of unlawful discrimination in the
areas of employment, housing, and public accommodations. It also provides
information and assistance in matters of civil rights law compliance to
citizens and organizations that request it.
The commission was created as a result of the desire of the Nebraska
Unicameral to make certain that Nebraskans themselves retained the primary
authority to deal with civil rights disputes and issues within the State.
The agency was established in 1965 by Legislative Bill 656, known as the
Nebraska Fair Employment Practice Act. On October 23, 1967, the agency’s
name was changed to the present title of Nebraska Equal Opportunity
Commission by the passage of Legislative Bill 718. Enforcement authority
for the Nebraska Equal Pay Act was also added in 1967, and in 1969 the
Nebraska Civil Rights Act, which prohibited discrimination in housing and
public accommodations, was added to the commission’s jurisdiction.
Subsequently, in 1972 the Unicameral passed the Act Prohibiting Unjust
Discrimination in Employment Because of Age statute which also vested
enforcement authority in the Nebraska Equal Opportunity Commission.
In September 1991, the Fair Housing Act became effective replacing the
section of the Nebraska Civil Rights Act which covered housing.
Section 48-1116 of the Nebraska Fair Employment Practice Act provides
that the Nebraska Equal Opportunity Commission shall consist of seven
members appointed to three-year terms by the Governor. Four commissioners
constitute a quorum for conducting its official business, and there are
two official commission officers: Chairperson and Vice-Chairperson. The
commission is empowered to appoint an executive director who is directly
responsible to it. The executive director in turn has the authority to
appoint and supervise the commission’s employees. The first commission
was appointed on September 25, 1965, and began conducting business on
October 8, 1965.
Section 48-1117 of the Nebraska Fair Employment Practice Act outlines
the general powers and duties of the commission. These can be summarized
as follows:
- To receive, investigate, and pass upon charges of unlawful
employment (housing, public accommodations) practices anywhere in the
State;
- To hold hearings, subpoena witnesses, take sworn testimony and
require the production of documents related to discrimination;
- To cooperate with the federal government and local human rights
agencies;
- To attempt to eliminate unlawful employment, housing, and public
accommodation practices by means of conference, conciliation, and
persuasion; and
- To require that every employer, employment agency, and labor
organization, subject to its jurisdiction, make and keep such records
relevant to the determination of whether unlawful employment practices
have been or are being committed.
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