Nebraska Legislature Bill LB361

Nebraska 2025-2026 Regular Session

• Introduced: 1/16/25
• Refer: 1/21/25

Caption

Change provisions of the Nebraska Fair Employment Practice Act to provide for jury trials and prohibit discrimination for exercise of rights under the Nebraska Workers' Compensation Act

Impact

The introduction of LB361 is significant as it alters the procedural landscape for employment-related discrimination cases in Nebraska. By allowing jury trials, the bill could increase the potential for larger awards for plaintiffs and may encourage more individuals to come forward with claims. This shift is anticipated to influence how employers handle workers' compensation cases and discrimination claims, potentially leading to a decrease in retaliatory practices against employees who file claims.

Summary

LB361 aims to amend the Nebraska Fair Employment Practice Act by enabling jury trials for claims related to discrimination, particularly regarding the exercise of rights defined under the Nebraska Workers' Compensation Act. This bill seeks to provide greater protections for employees against discriminatory practices that may arise in connection with workers' compensation claims. By allowing jury trials, the bill is expected to offer a more robust mechanism for employees to seek justice and hold employers accountable for wrongful actions.

Contention

However, the bill is not without controversy. Critics may argue that allowing jury trials could lead to unpredictable outcomes, affecting employer liability and potentially increasing litigation costs for businesses. Concerns have been raised that expanded employee rights might create a more adversarial work environment, where disputes are resolved in courts rather than through direct negotiations. As the bill progresses through the legislative process, these debates will likely shape the ultimate framework of employee rights and employer responsibilities in Nebraska.