§ 48-202 — Public employer; applicant; disclosure of criminal record or history; limitation

Nebraska § 48-202

• Jurisdiction: Nebraska
• Ch. 48: Labor

Text

(1) Except as otherwise provided in this
section, a public employer shall not ask an applicant for employment to disclose,
orally or in writing, information concerning the applicant's criminal record
or history, including any inquiry on any employment application, until the
public employer has determined the applicant meets the minimum employment
qualifications.
(2) This section
does not apply to any law enforcement agency, to any position for which a
public employer is required by federal or state law to conduct a criminal
history record information check, or to any position for which federal or
state law specifically disqualifies an applicant with a criminal background.
(3)(a) This section
does not prevent a public employer that is a school district or educational
service unit from requiring an applicant for employment to disclose an applicant's
criminal record or history relating to sexual or physical abuse.
(b) This section
does not prevent a public employer from preparing or delivering an employment
application that conspicuously states that a criminal history record information
check is required by federal law, state law, or the employer's policy.
(c) This section
does not prevent a public employer from conducting a criminal history record
information check after the public employer has determined that the applicant
meets the minimum employment qualifications.
(4) For purposes of this
section:
(a) Law enforcement agency means an agency or department of this
state or of any political subdivision of this state which is responsible for
the prevention and detection of crime, the enforcement of the penal, traffic,
or highway laws of this state or any political subdivision of this state,
and the enforcement of arrest warrants. Law enforcement agency includes a
police department, an office of the town marshal, an office of the county
sheriff, the Nebraska State Patrol, and any department to which a deputy state
sheriff is assigned as provided in section 84-106 ; and
(b) Public employer
means an agency or department of this state or of any political subdivision
of this state.

Legislative History

Source: Laws 2014, LB907, § 12.