Nebraska's Fair Chance Law
Source: National Employment Law Project
Originally introduced in January 2014 as LB 932, the legislation applies to public employers – the state, counties, and cities. Public employers are prohibited from inquiring into a job applicant’s criminal history until after the employer has determined the applicant meets the minimum job requirements. Law enforcement positions and other positions with mandated background check requirements are exempted, as well as school districts regarding specific information. The language of LB 932 was added as Sec. 12 to the more comprehensive prison legislation intended to reduce the inmate population, LB 907. Governor Dave Heineman (R) signed LB 907 on April 16, 2014. LB 932 was introduced by Sen. Bill Avery (D) and LB 907 was introduced by Sen. Brad Ashford (D).
Commentary: Although exemptions are generally unnecessary with fair chance legislation because a background check is delayed, not prevented, exemption can serve to assuage fears. Supporters include the City of Omaha; in fact, Mayor Jean Stothert (R) cited her support for the legislation in her 2014 state of the city address.
