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I have questions about employment discrimination in

Nebraska JA: Because laws vary from...
I have questions about employment discrimination in Nebraska
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Nebraska
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Nebraska is an at will state
JA: Anything else you want the lawyer to know before I connect you?
Customer: nope that's about it
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Answered in 5 minutes by:
9/20/2017
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,344
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

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Customer reply replied 2 months ago
There have been allegations of an affair between myself and my coworker. We each brought these up with our managers individually once we learned his wife had this suspicion and may try to contact work. I have a few specific questions but mainly it now seems as if there is action being taken against me because of this and I'm trying to figure out what my rights are
Customer reply replied 2 months ago
For context. There are multiple inter office relationships at our place of work and no policies against it.
Customer reply replied 2 months ago
The difference here is that we are both married and feel that the situation is being treated differently because of it. No performance issues, doing anything inappropriate at work or using company resources for anything. Just rumors.

I would say that it would be difficult, if not impossible to call that discrimination in your case. Unless you could show that only men were ever punished rather than women, there isn't an argument of discrimination.

As for not having a policy against it, an employer doesn't have to have a policy against something for the employer to decide that it is worthy of discipline in an "at will" work circumstance. The employer can punish some and not others, as long as the basis for that differing treatment is not race, religion, gender, age, disability or FMLA use.

Married vs. not married is not a protected class and an employer can legally choose to see that differently than non-married individuals engaged in similar behavior.

An employer is not a court, so they can make decisions based on rumors. They don't have particular burden of proof that has to be met.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Customer reply replied 2 months ago
According to section 48-1115 of the Nebraska Fair Employment Act, it appears that they prohibit discrimination based upon marital status. http://www.neoc.ne.gov/laws/pdf/NebraskaFairEmploymentAct.pdf
Customer reply replied 2 months ago
Is that something I am misunderstanding? I have also noticed different treatment of myself than my male counterpart.

That isn't really what that rule is meant to protect. When they talk about discrimination based on marital status, they mean situations where they (for example) only have single people work weekends, because they are favoring parents. Situations where employers refuse to hire single mothers because they aren't married.

In this situation, it is actually reasonable to treat married people in an office relationship differently than single people. It adds a different dynamic that could create more issues in work than simply two single people dating. So yes, I think you are misunderstanding that application of that rule.

Now, if you are noticing that you are being treated more harshly than your male counterpart, that certainly can suggest a gender based motivation and that would be illegal.

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Sorry about the delay in responding. I was dropping my kids off to an after school activity.

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If you feel that the gender based motivation is there, then you should file a complaint with the EEOC.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,344
Experience: Employment/Labor Law Litigation
Verified
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Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,344
19,344 Satisfied Customers
Experience: Employment/Labor Law Litigation

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