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2012 Nebraska Attorney General Reports and Opinions 1 (2012)

handle is hein.sag/sagne2012 and id is 1 raw text is: (oflit 

JON BRUNING
ATTORNEY GENERAL

SUBJECT:
REQUESTED BY:
WRITTEN BY:

STATE OF NEBRASKA
of the       (1ttoru     @eeural
2115 STATE CAPITOL BUILDING
LINCOLN, NE 68509-8920
(402) 471-2682
TDD (402) 471-2682
FAX (402) 471-3297 or (402) 471-4725
NO.
STATE OF NEBRASKA
OFFICIAL
MAY    3 2012
DEPT. OF JUSTICE
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Protected Classes Under The State Civil Rights Statutes; Do Cities
And Counties Have Statutory Authority To Create Protected
Classes Not Listed In State Statute?
Senator Beau McCoy
Nebraska State Legislature
Jon Bruning, Attorney General
Dale A. Comer, Assistant Attorney General

You introduced LB 912 during the 2012 legislative session. Among other things,
that bill would have prohibited political subdivisions, including municipalities, from
adopting or enforcing any local laws or ordinances which created protected
classifications beyond those contained in the state's civil rights statutes such as the Age
Discrimination In Employment Act or the Fair Employment Practices Act. LB 912 did
not progress out of committee.
In your opinion request correspondence, you indicate that you are now
considering reintroducing LB 912. However, to determine if that step is necessary, you
have asked us if, under current Nebraska law, cities and counties have the authority to
create protected classes not listed in state statute. For the reasons set out below, it is
our opinion that while political subdivisions may pass ordinances or other laws on the

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