Nebraska Equal Opportunity Commission: Difference between revisions
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{{short description|U.S. state administrative agency}} |
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{{Infobox organization |
{{Infobox organization |
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| logo = Seal_of_NEOC_Img.png |
| logo = Seal_of_NEOC_Img.png |
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| headquarters = Centennial Government Building |
| headquarters = Centennial Government Building |
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| location = Lincoln, Nebraska |
| location = Lincoln, Nebraska |
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| leader_title = |
| leader_title = Chairperson |
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| leader_name = Patrick Borchers |
| leader_name = Patrick Borchers |
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| leader_title2 = Executive Director |
| leader_title2 = Executive Director |
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| leader_name2 = |
| leader_name2 = Paula Gardner |
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| website = https://neoc.nebraska.gov |
| website = https://neoc.nebraska.gov |
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}} |
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'''The Nebraska Equal Opportunity Commission'''<ref>{{ |
'''The Nebraska Equal Opportunity Commission'''<ref>{{cite web |title=Nebraska Equal Opportunity Commission |url=https://neoc.nebraska.gov/ |website=neoc.nebraska.gov |access-date=26 April 2022 |archive-date=18 April 2022 |archive-url=https://web.archive.org/web/20220418033802/https://neoc.nebraska.gov/ |url-status=live }}</ref> is the state administrative agency that investigates and enforces Nebraska civil rights laws. The commission consists of seven members appointed by the Governor and an executive director.<ref name="About the NEOC">{{cite web |title=About the Nebraska Equal Opportunity Commission |url=https://neoc.nebraska.gov/about/about.html |website=Nebraska Equal Opportunity Commission |access-date=26 April 2022 |archive-date=26 April 2022 |archive-url=https://web.archive.org/web/20220426184108/https://neoc.nebraska.gov/about/about.html |url-status=live }}</ref> The commission receives, investigates and makes decisions on civil rights complaints that allege unlawful discrimination in housing, employment and public accommodations practices within the state.<ref>{{cite web |title=Rights Enforced by the NEOC |url=https://neoc.nebraska.gov/rights/rights.html |website=Nebraska Equal Opportunity Commission |access-date=26 April 2022 |archive-date=26 April 2022 |archive-url=https://web.archive.org/web/20220426184106/https://neoc.nebraska.gov/rights/rights.html |url-status=live }}</ref> The NEOC maintains offices in Lincoln, Omaha, and Scottsbluff. |
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== Commissioners == |
== Commissioners == |
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=== Executive |
=== Executive director === |
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*Paula Gardner |
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*Manra Munn |
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=== Current |
=== Current commissioners === |
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*Patrick Borchers - Chairperson |
*Patrick Borchers - Chairperson |
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*Lynn Brennan - Commissioner |
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The current Executive Director (Paula Gardner) <ref name="About the NEOC" /> accepted the position in February 2022 after acting as the Interim Executive Director since September 2021 when the previous Executive Director (Marna Munn) resigned. Gardner previously held the position of Unit Director of Conciliation before her promotion. <ref>{{cite web |last1=March 18 2022 Meeting Minutes |title=Commission Meeting Minutes |url=https://neoc.nebraska.gov/meetings/pdf/meeting_minutes/marchMinutes.pdf |website=Nebraska Equal Opportunity Commission |access-date=26 April 2022 |archive-date=18 April 2022 |archive-url=https://web.archive.org/web/20220418033810/https://neoc.nebraska.gov/meetings/pdf/meeting_minutes/marchMinutes.pdf |url-status=live }}</ref> Chairperson Borchers is a Law Professor at [[Creighton University]].<ref>{{cite web |last1=Professor Borchers |title=Patrick Borchers, JD |url=https://www15.creighton.edu/faculty-directory-profile/574/patrick-borchers |website=creighton.edu |access-date=26 April 2022 |archive-date=3 December 2021 |archive-url=https://web.archive.org/web/20211203100718/https://www.creighton.edu/faculty-directory-profile/574/patrick-borchers |url-status=live }}</ref> Commissioners Royce Jeffries, John Arnold and Eric Drumheller are current or former business executives. Commissioners Arla Jo Meyer, Lynn Brennan and Tyeisha Kosmicki are Realtors. |
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*Royce Jeffries - Vice-Chairperson |
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== Background == |
== NEOC Historical Background == |
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The Nebraska Equal Opportunity |
The Nebraska Equal Opportunity Commission (NEOC) was established by statute in 1965 as a response to the Civil Rights Movement. The unicameral legislature sought to implement its own state laws to complement the recent passage of the [[Civil Rights Act of 1964]]. The NEOC was originally authorized to enforce the Nebraska Fair Employment Practice Act (FEPA), which prohibited discrimination in employment.<ref>{{cite web |last1=Nebraska Fair Employment Practice Act |title=Nebraska Revised Statutes 48-1101 et seq. |url=https://neoc.nebraska.gov/laws/pdf/NebraskaFairEmploymentAct.pdf |website=neoc.nebraska.gov |access-date=26 April 2022 |archive-date=30 June 2022 |archive-url=https://web.archive.org/web/20220630012716/https://neoc.nebraska.gov/laws/pdf/NebraskaFairEmploymentAct.pdf |url-status=live }}</ref> Their enforcement authority has been expanded several times, including coverage of the Nebraska Equal Pay Act in 1967 (Equal Pay in Employment),<ref>{{cite web |last1=Nebraska Equal Pay Act |title=Nebraska Revised Statutes 48-1219 et seq. |url=https://neoc.nebraska.gov/laws/pdf/EqualPayActofNebraska.pdf |website=neoc.nebraska.gov |access-date=26 April 2022 |archive-date=2 November 2021 |archive-url=https://web.archive.org/web/20211102211943/https://neoc.nebraska.gov/laws/pdf/EqualPayActofNebraska.pdf |url-status=live }}</ref> the Nebraska Civil Rights Act in 1969 (Public Accommodations),<ref>{{cite web |last1=Nebraska Civil Rights Act, Public Accommodations |title=Nebraska Revised Statutes 20-132 et seq. |url=https://nebraskalegislature.gov/laws/statutes.php?statute=20-132 |website=Nebraska Legislature |access-date=26 April 2022 |archive-date=26 April 2022 |archive-url=https://web.archive.org/web/20220426184104/https://nebraskalegislature.gov/laws/statutes.php?statute=20-132 |url-status=live }}</ref> the Age Discrimination in Employment Act in 1972,<ref>{{cite web |last1=Age Discrimination in Employment Act |title=Nebraska Revised Statutes 48-1001 et seq. |url=https://nebraskalegislature.gov/laws/statutes.php?statute=48-1001 |website=Nebraska Legislature |access-date=26 April 2022 |archive-date=10 August 2022 |archive-url=https://web.archive.org/web/20220810072938/https://nebraskalegislature.gov/laws/statutes.php?statute=48-1001 |url-status=live }}</ref> and the Nebraska Fair Housing Act in 1991.<ref>{{cite web |last1=Nebraska Fair Housing Act |title=Nebraska Revised Statutes 20-301 et seq. |url=https://nebraskalegislature.gov/laws/statutes.php?statute=20-139 |website=Nebraska Legislature |access-date=26 April 2022 |archive-date=20 September 2021 |archive-url=https://web.archive.org/web/20210920012828/https://nebraskalegislature.gov/laws/statutes.php?statute=20-139 |url-status=live }}</ref> |
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The NEOC receives annual funding from the [[United States Department of Housing and Urban Development]] as a [[Fair Housing Assistance Program]] (FHAP) agency,<ref>{{cite web |last1=Fair Housing Assistance Program (FHAP) Agencies |title=Fair Housing Partners |url=https://www.hud.gov/program_offices/fair_housing_equal_opp/partners/FHAP/agencies#NE |website=HUD.gov / U.S. Department of Housing and Urban Development (HUD) |access-date=26 April 2022 |language=en |archive-date=26 April 2022 |archive-url=https://web.archive.org/web/20220426184104/https://www.hud.gov/program_offices/fair_housing_equal_opp/partners/FHAP/agencies#NE |url-status=live }}</ref> which authorizes the agency to investigate complaints that additionally allege violations of federal civil rights laws, including Title VII of the [[Civil Rights Act of 1964#Title VII—equal employment opportunity|Title VII of the Civil Rights Act]], Title I of the [[Americans with Disabilities Act]], and the Federal [[Fair Housing Act]]. |
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{{Expand section|date=July 2020}} |
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== Criticism == |
== Criticism == |
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The commission has been criticized for being slow to process civil rights charges, with a 7+ month delay reported for cases being assigned to investigators and upwards of a year for resolutions.<ref>{{cite web |last1=Rehm |first1=Jon |title=The NEOC Is Slow To Investigate Claims, Here Are Some Alternatives For Employees Dealing With Discrimination On The Job |url=https://workerscompensationwatch.com/2018/05/21/the-neoc-is-slow-to-investigate-claims-here-are-some-alternatives-for-employees-dealing-with-discrimination-on-the-job/ |website=Workers' Compensation Watch |access-date=26 April 2022 |date=21 May 2018 |archive-date=18 May 2022 |archive-url=https://web.archive.org/web/20220518152021/https://workerscompensationwatch.com/2018/05/21/the-neoc-is-slow-to-investigate-claims-here-are-some-alternatives-for-employees-dealing-with-discrimination-on-the-job/ |url-status=live }}</ref> Between 2014 and 2019, the NEOC's reported percentage of determinations with positive results (either reasonable cause found or a successful settlement) went from 17.8% (of 200 cases) to 11.8% (of 106 cases),<ref>{{cite web |last1=Comparative Cause/Settlement Figures |title=Annual Report for Fiscal Year 2018-2019 |url=https://neoc.nebraska.gov/reports/pdf/AnnualReport18-19.pdf |website=Nebraska Equal Opportunity Commission |access-date=26 April 2022 |page=13 |archive-date=28 December 2021 |archive-url=https://web.archive.org/web/20211228205701/https://neoc.nebraska.gov/reports/pdf/AnnualReport18-19.pdf |url-status=live }}</ref> while the average hours worked on each case went from 11.68 to 15.67 and the average days spent went from 80.6 to 150.9. <ref name="Case Completion">{{cite web |last1=Case Completion Summary Tables |title=Annual Report for Fiscal Year 2018-2019 |url=https://neoc.nebraska.gov/reports/pdf/AnnualReport18-19.pdf |website=Nebraska Equal Opportunity Commission |access-date=26 April 2022 |page=18 |archive-date=28 December 2021 |archive-url=https://web.archive.org/web/20211228205701/https://neoc.nebraska.gov/reports/pdf/AnnualReport18-19.pdf |url-status=live }}</ref> Looking at only the cases with a Cause/No Cause decision from the Commission, the days passed before the case was assigned to an investigator went from 95 to 191, the days passed before a decision was made went from 194 to 342, and the percentage of these cases where the Commission determined they had 'reasonable cause' that discrimination occurred went from 5% to 2%. <ref name="Case Completion" /> |
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The commission has been criticized for being slow to process civil rights charges, with a 7+ month delay reported for cases being assigned to investigators and upwards of a year for resolutions. <ref>{{Cite web|url=https://workerscompensationwatch.com/2018/05/21/the-neoc-is-slow-to-investigate-claims-here-are-some-alternatives-for-employees-dealing-with-discrimination-on-the-job/|title= The NEOC Is Slow To Investigate Claims, Here Are Some Alternatives For Employees Dealing With Discrimination On The Job|last= Rehm |first= Jon|date=|website= workerscompensationwatch |url-status=live|archive-url=|archive-date=|access-date=}}</ref> |
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=== 2018–2019 Civil |
=== 2018–2019 Civil rights enforcement outcomes === |
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[[File:20182019NEOC Enforcement Img.png|Civil Rights Claims]] |
[[File:20182019NEOC Enforcement Img.png|Civil Rights Claims]] |
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=== Discrimination against Latinos=== |
=== Discrimination against Latinos=== |
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In 2020, the NEOC was sued for failing to hire [[Latinos]]. According to a |
In 2020, the NEOC was sued for failing to hire [[Latinos]]. According to a failed lawsuit in the District Court of Lancaster County, the executive director of the commission was accused not hiring a highly qualified Latino as a civil rights investigator in 2018.<ref>Dini v. NEOC | CI-20-611</ref> Since that time, the commission has worked to become more inclusive. Between 2018 and 2019, the NEOC ran several ads in the Omaha area with La Nueva Radio, to improve outreach to the Hispanic community. |
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=== Lawsuits === |
=== Lawsuits === |
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In 1997, the NEOC was sued for wrongfully firing two of its investigators in |
In 1997, the NEOC was sued for allegedly wrongfully firing two of its investigators for whistleblowing in <em>State ex rel. Shepherd v. NEOC</em>.<ref>{{cite web |last1=State ex rel. Shepherd v. Nebraska Equal Opportunity Commission |title=251 Neb. 517; 557 N.W.2d 684 |url=https://cite.case.law/neb/251/517/ |website=Caselaw Access Project |access-date=26 April 2022 |archive-date=24 May 2024 |archive-url=https://web.archive.org/web/20240524085101/https://cite.case.law/neb/251/517/ |url-status=live }}</ref> The Nebraska Supreme Court reversed the favorable district court decision on constitutional grounds (separation of powers). In 1998, the former executive director of the NEOC was found to have fathered children with staff at the commission. The alleged perpetrator later sued the NEOC after the State of Nebraska sought to remove him from the Commission.<ref>{{cite web |last1=Myers v. Nebraska Equal Opportunity Commission |title=255 Neb. 156; 582 N.W.2d 362 |url=https://cite.case.law/neb/255/156/ |website=Caselaw Access Project |access-date=26 April 2022 |archive-date=24 May 2024 |archive-url=https://web.archive.org/web/20240524084909/https://cite.case.law/neb/255/156/ |url-status=live }}</ref> In 1999, two former investigators sued the commission, alleging they were fired in violation of the [[Americans with Disabilities Act]] (ADA). The jury in the district court case found in their favor and awarded over $275,000 to the Plaintiffs, however the Federal Court of Appeals reversed the decision, ruling that the ADA did not remove the State's Eleventh Amendment rights.<ref>{{cite web |last1=Debose v. Nebraska |title=186 F.3d 1087 (1999) |url=https://cite.case.law/f3d/186/1087/ |website=Caselaw Access Project |access-date=26 April 2022 |archive-date=24 May 2024 |archive-url=https://web.archive.org/web/20240524084914/https://cite.case.law/f3d/186/1087/ |url-status=live }}</ref> |
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==References== |
==References== |
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{{Reflist}} |
{{Reflist}} |
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[[Category: |
[[Category:Human rights enforcement agencies in the United States]] |
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[[Category:State agencies of Nebraska|Equal Opportunity Commission, Nebraska]] |
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[[Category:State departments of civil rights of the United States]] |
[[Category:State departments of civil rights of the United States]] |
Latest revision as of 08:51, 24 May 2024
Type | Civil Rights Agency |
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Headquarters | Centennial Government Building |
Location |
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Chairperson | Patrick Borchers |
Executive Director | Paula Gardner |
Website | https://neoc.nebraska.gov |
The Nebraska Equal Opportunity Commission[1] is the state administrative agency that investigates and enforces Nebraska civil rights laws. The commission consists of seven members appointed by the Governor and an executive director.[2] The commission receives, investigates and makes decisions on civil rights complaints that allege unlawful discrimination in housing, employment and public accommodations practices within the state.[3] The NEOC maintains offices in Lincoln, Omaha, and Scottsbluff.
Commissioners
[edit]Executive director
[edit]- Paula Gardner
Current commissioners
[edit]- Patrick Borchers - Chairperson
- John Arnold - Vice-chairperson
- Royce Jeffries - Commissioner
- Eric Drumheller - Commissioner
- Arla Jo Meyer - Commissioner
- Tyeisha Kosmicki - Commissioner
- Lynn Brennan - Commissioner
The current Executive Director (Paula Gardner) [2] accepted the position in February 2022 after acting as the Interim Executive Director since September 2021 when the previous Executive Director (Marna Munn) resigned. Gardner previously held the position of Unit Director of Conciliation before her promotion. [4] Chairperson Borchers is a Law Professor at Creighton University.[5] Commissioners Royce Jeffries, John Arnold and Eric Drumheller are current or former business executives. Commissioners Arla Jo Meyer, Lynn Brennan and Tyeisha Kosmicki are Realtors.
NEOC Historical Background
[edit]The Nebraska Equal Opportunity Commission (NEOC) was established by statute in 1965 as a response to the Civil Rights Movement. The unicameral legislature sought to implement its own state laws to complement the recent passage of the Civil Rights Act of 1964. The NEOC was originally authorized to enforce the Nebraska Fair Employment Practice Act (FEPA), which prohibited discrimination in employment.[6] Their enforcement authority has been expanded several times, including coverage of the Nebraska Equal Pay Act in 1967 (Equal Pay in Employment),[7] the Nebraska Civil Rights Act in 1969 (Public Accommodations),[8] the Age Discrimination in Employment Act in 1972,[9] and the Nebraska Fair Housing Act in 1991.[10]
The NEOC receives annual funding from the United States Department of Housing and Urban Development as a Fair Housing Assistance Program (FHAP) agency,[11] which authorizes the agency to investigate complaints that additionally allege violations of federal civil rights laws, including Title VII of the Title VII of the Civil Rights Act, Title I of the Americans with Disabilities Act, and the Federal Fair Housing Act.
Criticism
[edit]The commission has been criticized for being slow to process civil rights charges, with a 7+ month delay reported for cases being assigned to investigators and upwards of a year for resolutions.[12] Between 2014 and 2019, the NEOC's reported percentage of determinations with positive results (either reasonable cause found or a successful settlement) went from 17.8% (of 200 cases) to 11.8% (of 106 cases),[13] while the average hours worked on each case went from 11.68 to 15.67 and the average days spent went from 80.6 to 150.9. [14] Looking at only the cases with a Cause/No Cause decision from the Commission, the days passed before the case was assigned to an investigator went from 95 to 191, the days passed before a decision was made went from 194 to 342, and the percentage of these cases where the Commission determined they had 'reasonable cause' that discrimination occurred went from 5% to 2%. [14]
2018–2019 Civil rights enforcement outcomes
[edit]Discrimination against Latinos
[edit]In 2020, the NEOC was sued for failing to hire Latinos. According to a failed lawsuit in the District Court of Lancaster County, the executive director of the commission was accused not hiring a highly qualified Latino as a civil rights investigator in 2018.[15] Since that time, the commission has worked to become more inclusive. Between 2018 and 2019, the NEOC ran several ads in the Omaha area with La Nueva Radio, to improve outreach to the Hispanic community.
Lawsuits
[edit]In 1997, the NEOC was sued for allegedly wrongfully firing two of its investigators for whistleblowing in State ex rel. Shepherd v. NEOC.[16] The Nebraska Supreme Court reversed the favorable district court decision on constitutional grounds (separation of powers). In 1998, the former executive director of the NEOC was found to have fathered children with staff at the commission. The alleged perpetrator later sued the NEOC after the State of Nebraska sought to remove him from the Commission.[17] In 1999, two former investigators sued the commission, alleging they were fired in violation of the Americans with Disabilities Act (ADA). The jury in the district court case found in their favor and awarded over $275,000 to the Plaintiffs, however the Federal Court of Appeals reversed the decision, ruling that the ADA did not remove the State's Eleventh Amendment rights.[18]
References
[edit]- ^ "Nebraska Equal Opportunity Commission". neoc.nebraska.gov. Archived from the original on 18 April 2022. Retrieved 26 April 2022.
- ^ a b "About the Nebraska Equal Opportunity Commission". Nebraska Equal Opportunity Commission. Archived from the original on 26 April 2022. Retrieved 26 April 2022.
- ^ "Rights Enforced by the NEOC". Nebraska Equal Opportunity Commission. Archived from the original on 26 April 2022. Retrieved 26 April 2022.
- ^ March 18 2022 Meeting Minutes. "Commission Meeting Minutes" (PDF). Nebraska Equal Opportunity Commission. Archived (PDF) from the original on 18 April 2022. Retrieved 26 April 2022.
{{cite web}}
: CS1 maint: numeric names: authors list (link) - ^ Professor Borchers. "Patrick Borchers, JD". creighton.edu. Archived from the original on 3 December 2021. Retrieved 26 April 2022.
- ^ Nebraska Fair Employment Practice Act. "Nebraska Revised Statutes 48-1101 et seq" (PDF). neoc.nebraska.gov. Archived (PDF) from the original on 30 June 2022. Retrieved 26 April 2022.
- ^ Nebraska Equal Pay Act. "Nebraska Revised Statutes 48-1219 et seq" (PDF). neoc.nebraska.gov. Archived (PDF) from the original on 2 November 2021. Retrieved 26 April 2022.
- ^ Nebraska Civil Rights Act, Public Accommodations. "Nebraska Revised Statutes 20-132 et seq". Nebraska Legislature. Archived from the original on 26 April 2022. Retrieved 26 April 2022.
- ^ Age Discrimination in Employment Act. "Nebraska Revised Statutes 48-1001 et seq". Nebraska Legislature. Archived from the original on 10 August 2022. Retrieved 26 April 2022.
- ^ Nebraska Fair Housing Act. "Nebraska Revised Statutes 20-301 et seq". Nebraska Legislature. Archived from the original on 20 September 2021. Retrieved 26 April 2022.
- ^ Fair Housing Assistance Program (FHAP) Agencies. "Fair Housing Partners". HUD.gov / U.S. Department of Housing and Urban Development (HUD). Archived from the original on 26 April 2022. Retrieved 26 April 2022.
- ^ Rehm, Jon (21 May 2018). "The NEOC Is Slow To Investigate Claims, Here Are Some Alternatives For Employees Dealing With Discrimination On The Job". Workers' Compensation Watch. Archived from the original on 18 May 2022. Retrieved 26 April 2022.
- ^ Comparative Cause/Settlement Figures. "Annual Report for Fiscal Year 2018-2019" (PDF). Nebraska Equal Opportunity Commission. p. 13. Archived (PDF) from the original on 28 December 2021. Retrieved 26 April 2022.
- ^ a b Case Completion Summary Tables. "Annual Report for Fiscal Year 2018-2019" (PDF). Nebraska Equal Opportunity Commission. p. 18. Archived (PDF) from the original on 28 December 2021. Retrieved 26 April 2022.
- ^ Dini v. NEOC | CI-20-611
- ^ State ex rel. Shepherd v. Nebraska Equal Opportunity Commission. "251 Neb. 517; 557 N.W.2d 684". Caselaw Access Project. Archived from the original on 24 May 2024. Retrieved 26 April 2022.
- ^ Myers v. Nebraska Equal Opportunity Commission. "255 Neb. 156; 582 N.W.2d 362". Caselaw Access Project. Archived from the original on 24 May 2024. Retrieved 26 April 2022.
- ^ Debose v. Nebraska. "186 F.3d 1087 (1999)". Caselaw Access Project. Archived from the original on 24 May 2024. Retrieved 26 April 2022.