Nebraska Civil Rights Initiative
Article I-30.
Discrimination or grant of preferential treatment prohibited; public employment, public education, or public contracting; section, how construed; remedies.
(1) The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.
(2) This section shall apply only to action taken after the section's effective date.
(3) Nothing in this section prohibits bona fide qualifications based on sex that are reasonably necessary to the normal operation of public employment, public education, or public contracting.
(4) Nothing in this section shall invalidate any court order or consent decree that is in force as of the effective date of this section.
(5) Nothing in this section prohibits action that must be taken to establish or maintain eligibility for any federal program, if ineligibility would result in a loss of federal funds to the state.
(6) For purposes of this section, state shall include, but not be limited to: (a) the State of Nebraska; (b) any agency, department, office, board, commission, committee, division, unit, branch, bureau, council, or sub-unit of the state; (c) any public institution of higher education; (d) any political subdivision of or within the state; and (e) any government institution or instrumentally of or within the state.
(7) The remedies available for violations of this section shall be the same, regardless of the injured party's race, sex, color, ethnicity, or national origin, as are otherwise available for violations of Nebraska's antidiscrimination law.
(8) This section shall be self executing. If any part or parts of this section are found to be in conflict with federal law or the Constitution of the United States, this section shall be implemented to the maximum extent that federal law and the Constitution of the United States permit. Any provision held invalid shall be severable from the remaining portions of this section.
Linked resources
Items linked to this Document
| Title | Description | Class |
|---|---|---|
 Academic Freedom Amid Curricular Regulation and Research Restrictions |
This teaching module looks at academic freedom amid curricular regulation and research restrictions, featuring a webinar with Eric Berger, professor of law at the University of Nebraska College of Law. | |
| Affirmative Action's Origins and Legacies |
This teaching module provides an in-depth look at affirmative action, delving into its origins and tracing its impact to the present day, featuring a webinar with Nebraska Law faculty Eric Berger, Danielle Jefferis, and Catherine Wilson. |
- Title
- Nebraska Civil Rights Initiative
- Description
- This amendment to the Nebraska Constitution banned the use of affirmative action in the "operation of public employment, public education, or public contracting." It was initiated as a ballot measure that was approved in 2008.
- Date
- 2008
- Author
- Nebraska. Legislature
- Document Type
- Constitutional Amendment
- Document Category
- Primary Source
- Bluebook Citation
- Neb. Const. art. I, sec. 30 (2008); Initiative Measure No. 424.
- Digital Repository
- NebraskaLegislature.gov
- Title
- Nebraska Civil Rights Initiative
- Description
- This amendment to the Nebraska Constitution banned the use of affirmative action in the "operation of public employment, public education, or public contracting." It was initiated as a ballot measure that was approved in 2008.
- Date
- 2008
- Author
- Nebraska. Legislature
- Document Type
- Constitutional Amendment
- Document Category
- Primary Source
- Bluebook Citation
- Neb. Const. art. I, sec. 30 (2008); Initiative Measure No. 424.
- Digital Repository
- NebraskaLegislature.gov