Nebraska Return to Office Mandate 2026
⚠️Informational only — not legal or tax advice.
Last Updated: December 2025
Applicable Period: 2026 and current employment regulations
Key Characteristic: Executive Order 23-17 mandates return to office for state employees; private sector employers operate under at-will employment framework in Nebraska
Table of Contents
Introduction
Nebraska’s return to office mandate refers to Executive Order 23-17, issued by Governor Jim Pillen on November 9, 2023, requiring all state employees to return to their offices full-time beginning January 2, 2024. This executive order applies specifically to public servants employed by the State of Nebraska and does not directly govern private sector employment practices.
This guide compiles official information published by the Nebraska Department of Labor, Nebraska Equal Opportunity Commission, the Governor’s Office, and other government agencies regarding Nebraska’s return to office mandate, employee rights under state and federal law, and accommodation processes. Private sector employers in Nebraska operate under the state’s at-will employment doctrine, subject to anti-discrimination laws, disability accommodation requirements, and contractual obligations.
Last updated: December 20, 2025
Sources: Nebraska Governor’s Office, Nebraska Department of Labor, Nebraska Equal Opportunity Commission, Nebraska Legislature, U.S. Equal Employment Opportunity Commission
Applicable Legal Framework - Nebraska
1.1 At-Will Employment Doctrine
Nebraska follows the at-will employment doctrine as the general rule governing employment relationships. According to the Nebraska Department of Labor:
“Yes, Nebraska is an ‘Employment at Will’ state. This means that the employer and the employee have equal rights to terminate employment at any time. Neither party is obligated to give notice or cause of termination.”
Source: Nebraska Department of Labor – Frequently Asked Questions
Available at: https://dol.nebraska.gov/
Last accessed: December 2025
The Nebraska Supreme Court has consistently recognized this doctrine, stating that at-will employees can be terminated at any time with or without reason. However, Nebraska law recognizes several important exceptions to at-will employment:
Exceptions to At-Will Employment:
- Breach of Contract: Employment contracts (written, oral, or implied) may modify at-will status
- Discrimination: Termination based on protected characteristics is prohibited
- Public Policy Violations: Termination for refusing to violate criminal law or for exercising legal rights
- Retaliation: Termination for filing workers’ compensation claims or reporting employer wrongdoing
- Whistleblower Protection: State Government Effectiveness Act protects state employees
According to Nebraska case law, the right of an employer to terminate employees at-will is “restricted to exceptions created by statute and those instances where a very clear mandate of public policy has been violated.”
Source: Nebraska Supreme Court decisions and Nebraska Fair Employment Practice Act
Available at: https://nebraskalegislature.gov/laws/statutes.php
1.2 State-Specific RTO Legislation – Executive Order 23-17
Nebraska’s Return to Office Mandate for State Employees
Document: Executive Order No. 23-17 – “Bringing Nebraska’s Public Servant Workforce Back to the Office”
Issued by: Governor Jim Pillen
Date: November 9, 2023
Effective Date: January 2, 2024
Available at: https://governor.nebraska.gov/sites/default/files/doc/press/23-17.pdf
Key Provisions of Executive Order 23-17:
According to the official text of Executive Order 23-17:
“Beginning January 2, 2024, the regular work schedules of all public servants employed by the State of Nebraska shall be from 8 a.m. until 5 p.m. each day except Saturdays, Sundays, and days declared by statutory enactment or proclamation of the President or Governor to be holidays.”
“Beginning January 2, 2024, all public servants employed by the State of Nebraska shall perform their work in the office, facility, or field location assigned by their agency and not from a remote location.”
Source: Executive Order No. 23-17, Nebraska Governor’s Office
Full text available at: https://govdocs.nebraska.gov/docs/pilot/pubs/eofiles/23-17.pdf
Statutory Basis
The Executive Order cites Nebraska Revised Statute § 81-113, which provides:
“Each executive department to be open to transact business from 8 a.m. until 5 p.m. each day, except Saturdays, Sundays, and holidays.”
Source: Nebraska Revised Statutes § 81-113
Available at: https://nebraskalegislature.gov/
Who the Executive Order Applies To
IMPORTANT: Executive Order 23-17 applies ONLY to state employees (public servants employed by the State of Nebraska). It does NOT apply to:
- Private sector employees
- County government employees
- Municipal employees
- Federal employees working in Nebraska
- Independent contractors
Private sector employers in Nebraska are not required to follow Executive Order 23-17. They operate under the at-will employment framework subject to anti-discrimination laws, accommodation requirements, and any contractual obligations.
Permitted Exceptions Under Executive Order 23-17
According to the Executive Order, agency heads may grant exceptions to the schedule and location requirements for the following individuals and circumstances:
Exception Categories:
- Non-Standard Hours: Public servants whose regularly assigned work hours are outside normal business hours (8 a.m. to 5 p.m.)
- Relocation Exception: Public servants who move away from their original office duty location and for whom no reasonable in-office arrangement is possible. NOTE: This exception is NOT available to public servants who move outside of Nebraska.
- Building Capacity: An agency is at full building occupancy and new office space would have to be acquired at additional cost
- Workforce Shortfall: An agency head determines that an exception is necessary to sustain critical operations in a business area with a workforce shortfall (subject to Governor’s approval)
- Statutory Exceptions: Any other exception or circumstances imposed by law
Accountability Requirements:
- Any exception must be on an individualized basis and approved by the agency head
- Public servants working remotely or in hybrid status must have mechanisms in place for measuring and confirming productivity
- Each agency head must provide quarterly reports to the Department of Administrative Services State Personnel Division (SPD) regarding the composition of their workforce working remotely or in hybrid status
Source: Executive Order No. 23-17, Section 3-5
Available at: https://governor.nebraska.gov/sites/default/files/doc/press/23-17.pdf
Legal Challenge and Final Status
The Nebraska Association of Public Employees (NAPE), representing more than 8,000 state employees, challenged Executive Order 23-17 before the Nebraska Commission of Industrial Relations (CIR).
On July 11, 2024, the CIR issued a ruling upholding the validity of Governor Pillen’s executive order. According to the official press release from the Governor’s Office:
“The CIR’s decision completely upheld the validity of the Governor’s executive order, ruling that the issue of ordering the state’s workforce back to the office is fully under the Governor’s executive authority and dismissing all the Nebraska Association of Public Employee (NAPE) union’s claims.”
Source: Nebraska Governor’s Office Press Release, July 11, 2024
Available at: https://governor.nebraska.gov/press/cir-upholds-governor-pillen%E2%80%99s-order-state-employees-return-workplace
The CIR further ordered NAPE to repay the State of Nebraska for attorney fees and expenses incurred in defending the case. NAPE appealed the decision to the Nebraska Supreme Court, which dismissed the appeal in December 2024.
Current Status: Executive Order 23-17 remains in full effect for state employees as of December 2025.
No State Legislation for Private Sector
As of December 20, 2025, the Nebraska Legislature has not enacted specific statutes or executive orders governing return to office mandates for private sector employers.
Search Conducted:
- Website: Nebraska Legislature (https://nebraskalegislature.gov/)
- Date: December 2025
- Search terms: “return to office,” “remote work mandate,” “telework requirements,” “hybrid work”
- Result: No relevant legislation identified for private sector
Private sector employers in Nebraska operate under the at-will employment framework subject to:
- Nebraska Fair Employment Practice Act (anti-discrimination)
- Americans with Disabilities Act (disability accommodation)
- Contract obligations
- Collective bargaining agreements
- Nebraska Age Discrimination in Employment Act
Competent Government Agencies
2.1 Nebraska Department of Labor
The Nebraska Department of Labor is the primary state agency responsible for labor standards, employment services, and unemployment insurance programs.
Contact Information:
- Official Website: https://dol.nebraska.gov/
- Main Address: 550 South 16th Street, P.O. Box 94600, Lincoln, NE 68509-4600
- Main Phone: (402) 471-9000
- Fax: (402) 471-2318
Labor Standards Division:
- Phone: (402) 471-2239
- Email: ndol.laborstdrdsinquiries@nebraska.gov
- Function: Enforces wage and hour laws, employment of minors, and other labor standards
Equal Opportunity Officer:
- Name: Justin Schroeder
- Phone: (402) 471-3712
- TDD/TTY: (800) 833-7352
- Email: NDOL.EOComplaints@nebraska.gov
- Function: Handles equal opportunity complaints related to Department of Labor programs
Labor Market Information:
- Phone: (402) 471-2600
- Fax: (402) 471-9867
- Email: NDOL.LMI_NE@nebraska.gov
Publications on RTO: The Nebraska Department of Labor has not published specific guidance on return to office mandates for private sector employers. The department provides general labor law information and enforces state wage and hour laws.
2.2 Nebraska Equal Opportunity Commission (NEOC)
The Nebraska Equal Opportunity Commission is the state administrative agency that investigates and enforces Nebraska civil rights laws, including employment discrimination.
Lincoln – Main Office:
- Address: 301 Centennial Mall South, 5th Floor, P.O. Box 94934, Lincoln, NE 68509-4934
- Phone: (402) 471-2024
- Toll-Free: (800) 642-6112
- Fax: (402) 471-4059
- Hours: 8:00 AM to 5:00 PM, Monday through Friday
Omaha Office:
- Address: 1313 Farnam Street, 3rd Floor, Omaha, NE 68102-1836
- Phone: (402) 595-2028
- Toll-Free: (800) 382-7820
- Hours: 8:00 AM to 5:00 PM, Monday through Friday
Scottsbluff Office:
- Address: 4500 Avenue “I”, P.O. Box 1500, Scottsbluff, NE 69363-1500
- Phone: (308) 632-1340
- Toll-Free: (800) 830-8633
- Fax: (308) 632-1341
- Hours: 8:00 AM to 5:00 PM, Monday through Friday
- Note: Spanish-speaking staff available
Official Website: https://neoc.nebraska.gov/
Function: The NEOC receives, investigates, and makes decisions on charges of unlawful discrimination in employment, housing, and public accommodations occurring within the State of Nebraska. The commission was established by statute in 1965 to enforce the public policy of Nebraska against discrimination.
Protected Classes Under NEOC Jurisdiction:
- Race
- Color
- National origin
- Religion
- Sex (including pregnancy)
- Disability
- Marital status
- Age (employment only)
- Retaliation
Filing Deadlines:
- Employment discrimination: 300 days from the date of harm
- Housing discrimination: 1 year from the date of harm
- Public accommodation discrimination: 10 days from the date of harm
- Equal Pay claims: 4 years from the date of harm
Complaint Filing Methods:
- Online: https://neoc.nebraska.gov/contact-us
- By phone: Call any NEOC office during business hours
- In person: Visit any NEOC office location
- By mail: Send written complaint to any NEOC office address
2.3 Nebraska Department of Administrative Services – State Personnel Division
For state employee matters related to Executive Order 23-17:
Contact Information:
- Website: https://das.nebraska.gov/personnel/
- Address: 1526 K Street, Suite 100, Lincoln, NE 68508
- Main Phone: (402) 471-2075
Function: Oversees state personnel policies, workforce management, and implementation of executive orders affecting state employees. Receives quarterly reports from agencies regarding remote/hybrid work exceptions under Executive Order 23-17.
2.4 U.S. Equal Employment Opportunity Commission (EEOC)
EEOC District Office Serving Nebraska
Nebraska falls under the jurisdiction of the Denver District Office of the EEOC.
Denver District Office:
- Address: 303 E. 17th Avenue, Suite 510, Denver, CO 80203
- Phone: (303) 866-1300
- TTY: (303) 866-1950
- Website: https://www.eeoc.gov/field-office/denver/location
EEOC Public Portal: https://publicportal.eeoc.gov/
Toll-Free EEOC Helpline: 1-800-669-4000
Function: The EEOC enforces federal laws prohibiting employment discrimination based on race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, or genetic information.
Work-Sharing Agreement: Nebraska has a work-sharing agreement with the EEOC. The Nebraska Equal Opportunity Commission (NEOC) is designated as a Fair Employment Practice Agency (FEPA), meaning charges can be dual-filed with both agencies.
Filing Deadline:
- 300 days from the date of discrimination in states with a FEPA (like Nebraska)
- Filing with NEOC and requesting cross-filing with EEOC is common practice
Applicable Statutes - Compilation
3.1 State Anti-Discrimination Laws
Nebraska’s primary employment discrimination law is the Nebraska Fair Employment Practice Act (FEPA), codified in Nebraska Revised Statutes §§ 48-1101 through 48-1127.
| Law | Reference | Protected Classes | Employer Coverage | Official Source |
|---|---|---|---|---|
| Nebraska Fair Employment Practice Act | Neb. Rev. Stat. §§ 48-1101 to 48-1127 | Race, color, religion, sex (including pregnancy), disability, marital status, national origin, retaliation, wage disclosure | 15+ employees | https://nebraskalegislature.gov/laws/statutes.php?statute=48-1101 |
| Nebraska Age Discrimination in Employment Act | Neb. Rev. Stat. §§ 48-1001 to 48-1010 | Age (40 and older) | 20+ employees | https://nebraskalegislature.gov/ |
| Nebraska Equal Pay Act | Neb. Rev. Stat. §§ 48-1219 to 48-1227 | Sex (pay equity) | All employers | https://nebraskalegislature.gov/ |
| Americans with Disabilities Act (Federal) | 42 U.S.C. § 12101 et seq. | Disability | 15+ employees | https://www.ada.gov/ |
| Title VII of the Civil Rights Act (Federal) | 42 U.S.C. § 2000e et seq. | Race, color, religion, sex, national origin | 15+ employees | https://www.eeoc.gov/ |
| Age Discrimination in Employment Act (Federal) | 29 U.S.C. § 621 et seq. | Age (40 and older) | 20+ employees | https://www.eeoc.gov/ |
3.2 Key Statute Sections
Nebraska Fair Employment Practice Act
LAW: Nebraska Fair Employment Practice Act
REFERENCE: Nebraska Revised Statutes §§ 48-1101 to 48-1127
ENACTED: 1965
LAST AMENDED: 2021 (various sections)
FULL TEXT: https://nebraskalegislature.gov/laws/statutes.php?statute=48-1101
ENFORCEMENT AGENCY: Nebraska Equal Opportunity Commission
KEY PROVISIONS:
Section 48-1101 – Title: “Sections 48-1101 to 48-1127 shall be known and may be cited as the Nebraska Fair Employment Practice Act.”
Section 48-1102 – Employer Definition: “Employer shall mean a person engaged in an industry who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, any agent of such a person, and any party whose business is financed in whole or in part under the Nebraska Investment Finance Authority Act regardless of the number of employees and shall include the State of Nebraska, governmental agencies, and political subdivisions…”
Section 48-1104 – Unlawful Employment Practices: According to Nebraska Revised Statutes § 48-1104, it is an unlawful employment practice for an employer:
“(1) To fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, disability, marital status, or national origin; or
(2) To limit, segregate, or classify employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect that person’s status as an employee, because of such individual’s race, color, religion, sex, disability, marital status, or national origin.”
Source: Nebraska Revised Statutes § 48-1104
Available at: https://nebraskalegislature.gov/laws/statutes.php?statute=48-1104
Section 48-1114 – Anti-Retaliation Provisions: “It shall be an unlawful employment practice for an employer to discriminate against any of his or her employees or applicants for employment… because he or she has:
(1) Opposed any practice made an unlawful employment practice by the Nebraska Fair Employment Practice Act; (2) Made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under the act; (3) Opposed any practice or refused to carry out any action unlawful under federal law or the laws of this state; or (4) Inquired about, discussed, or disclosed information regarding employee wages, benefits, or other compensation.”
Source: Nebraska Revised Statutes § 48-1114
Available at: https://nebraskalegislature.gov/laws/statutes.php?statute=48-1114
Section 48-1107.02 – Reasonable Accommodation for Disability: The Nebraska Fair Employment Practice Act requires employers to provide reasonable accommodation to qualified individuals with disabilities unless doing so would impose an undue hardship on the operation of the employer’s business.
Factors for Determining Undue Hardship: “(a) The nature and the cost of the accommodation needed under the Nebraska Fair Employment Practice Act; (b) The overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation, the number of persons employed at such facility, the effect on expenses and resources, or the impact otherwise of such accommodation upon the operation of the facility; (c) The overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of its employees, and the number, type, and location of its facilities…”
Source: Nebraska Revised Statutes § 48-1102(18)
Available at: https://nebraskalegislature.gov/laws/statutes.php?statute=48-1102
Reasonable Accommodations - Official Framework
4.1 State Law Requirements – Nebraska Fair Employment Practice Act
Nebraska law requires employers with 15 or more employees to provide reasonable accommodations to qualified individuals with disabilities under the Nebraska Fair Employment Practice Act.
According to the Nebraska Equal Opportunity Commission:
“Under the Nebraska Fair Employment Practice Act, an employer must provide a reasonable accommodation to a qualified individual with a disability unless the accommodation would impose an undue hardship on the operation of the employer’s business.”
Source: Nebraska Equal Opportunity Commission – Employment Information
Available at: https://neoc.nebraska.gov/employment
Covered Employers:
- Employers with 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year
- State of Nebraska and governmental agencies (regardless of size)
- Businesses financed in whole or in part by the Nebraska Investment Finance Authority Act (regardless of size)
Definition of Disability: According to Nebraska Revised Statutes § 48-1102(9):
“Disability means, with respect to an individual: (a) A physical or mental impairment that substantially limits one or more of the major life activities of such individual; (b) A record of such an impairment; or (c) Being regarded as having such an impairment.”
Source: Nebraska Revised Statutes § 48-1102
Available at: https://nebraskalegislature.gov/laws/statutes.php?statute=48-1102
Major Life Activities Include:
- Caring for oneself
- Performing manual tasks
- Walking
- Seeing
- Hearing
- Speaking
- Breathing
- Learning
- Working
- Concentrating
- Thinking
- Communicating
4.2 Federal Law Requirements – Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) requires employers with 15 or more employees to provide reasonable accommodations to qualified individuals with disabilities.
According to the U.S. Equal Employment Opportunity Commission:
“Reasonable accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities.”
Source: U.S. Equal Employment Opportunity Commission – Disability Discrimination
Available at: https://www.eeoc.gov/disability-discrimination
Types of Reasonable Accommodations May Include:
According to EEOC guidance, reasonable accommodations may include:
- Job Restructuring: Modifying job duties or work schedules
- Modified Work Schedule: Part-time or modified work hours
- Reassignment: Transfer to a vacant position
- Acquisition or Modification of Equipment: Assistive technology or modified equipment
- Telecommuting/Remote Work: Working from home as an accommodation
- Unpaid Leave: Time off for treatment or recovery
- Modified Workplace Policies: Adjustments to workplace rules
- Physical Modifications: Accessible workspaces
Source: EEOC Enforcement Guidance on Reasonable Accommodation
Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada
IMPORTANT NOTE: Remote work may be a reasonable accommodation under the ADA if it enables a qualified individual with a disability to perform the essential functions of their job, unless it would impose an undue hardship on the employer.
4.3 Interactive Process
Both Nebraska law and federal ADA regulations require an interactive process between the employer and employee to determine appropriate reasonable accommodations.
Interactive Process Steps:
STEP 1: Employee Requests Accommodation
- Employee notifies employer of need for accommodation due to disability
- Request does not need to be in writing or use specific language
- Employee should identify the limitation and potential accommodation
STEP 2: Employer Gathers Information
- Employer may request medical documentation to verify disability and need for accommodation
- Employer should engage in good-faith dialogue with employee
- Employer may ask about the nature of the disability and how it limits work activities
STEP 3: Explore Accommodation Options
- Employer and employee discuss potential accommodations
- Employer may offer alternative accommodations if employee’s preferred accommodation would cause undue hardship
- Employer must consider employee’s preference but is not required to provide the specific accommodation requested
STEP 4: Implement Accommodation
- Employer selects and implements reasonable accommodation
- Employer monitors effectiveness of accommodation
- Employer may modify or try different accommodations if initial choice is ineffective
Source: EEOC and Nebraska Equal Opportunity Commission guidance
Available at: https://www.eeoc.gov/ and https://neoc.nebraska.gov/
Employer Obligations:
- Must engage in the interactive process in good faith
- Must consider employee’s accommodation request seriously
- May not retaliate against employees for requesting accommodations
- Must maintain confidentiality of medical information
Employee Obligations:
- Must provide sufficient information about disability and limitations
- Must cooperate with reasonable requests for medical documentation
- Must engage in good-faith dialogue about accommodation options
4.4 Remote Work as Reasonable Accommodation
Remote work or telecommuting may be a reasonable accommodation under the ADA and Nebraska Fair Employment Practice Act if:
- The employee has a disability as defined by law
- Remote work would enable the employee to perform essential job functions
- Remote work does not impose an undue hardship on the employer
- The job can be performed remotely without compromising quality or productivity
According to EEOC guidance issued during the COVID-19 pandemic:
“An employer may require an employee to go to the workplace or to a specific location to perform certain tasks where, for example, the employer can demonstrate that it is necessary for the employee to complete those particular tasks on site. In some instances, a fact-specific assessment may be necessary to determine whether remote work is a feasible accommodation.”
Source: EEOC – What You Should Know About COVID-19 and the ADA
Available at: https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws
IMPORTANT: The fact that an employer previously allowed remote work (such as during the COVID-19 pandemic) does not automatically mean remote work is a reasonable accommodation. However, it may be relevant evidence that the job can be performed remotely.
4.5 Official Forms and Resources
Nebraska Equal Opportunity Commission:
- Complaint Forms: Available at https://neoc.nebraska.gov/contact-us
- Employment Information: https://neoc.nebraska.gov/employment
- Intake Process: Can be initiated online, by phone, or in person
U.S. Equal Employment Opportunity Commission:
- Public Portal: https://publicportal.eeoc.gov/
- How to File a Charge: https://www.eeoc.gov/how-file-charge-employment-discrimination
- ADA Information: https://www.ada.gov/
Job Accommodation Network (JAN):
- Website: https://askjan.org/
- Toll-Free: 1-800-526-7234
- Function: Free consulting service providing information about job accommodations and ADA compliance (operated by U.S. Department of Labor)
Official Complaint Process
5.1 State Agency – Nebraska Equal Opportunity Commission (NEOC)
Filing Deadline
300 days from the date of discrimination for employment discrimination charges under the Nebraska Fair Employment Practice Act.
Source: Nebraska Equal Opportunity Commission
Available at: https://neoc.nebraska.gov/contact-us
IMPORTANT: Do not delay filing a complaint. The 300-day deadline is strictly enforced, and late-filed charges will be dismissed.
How to File with NEOC
1. Online Inquiry:
- Website: https://neoc.nebraska.gov/contact-us
- Complete online inquiry form
- NEOC staff will contact you to schedule intake appointment
2. By Phone:
- Lincoln Office: (402) 471-2024 or (800) 642-6112
- Omaha Office: (402) 595-2028 or (800) 382-7820
- Scottsbluff Office: (308) 632-1340 or (800) 830-8633
- Hours: 8:00 AM to 5:00 PM, Monday through Friday
- Leave message if staff unavailable; calls returned as soon as possible
3. In Person:
- Visit any NEOC office location during business hours
- No appointment required for initial inquiry
- May be wait time due to other visitors
4. By Mail:
- Send written inquiry to any NEOC office address
- Include contact information and brief description of alleged discrimination
Official NEOC Process
According to the Nebraska Equal Opportunity Commission:
STEP 1: INTAKE “Intake is the first step in filing a charge. You can contact the agency and speak to an Intake Investigator. If it is determined that the Commission has jurisdiction to file a charge, you will be set up with an appointment time.”
STEP 2: CHARGE FILING
- Meet with Intake Investigator (in person, by phone, or by video)
- Provide details about alleged discrimination
- Sign charge of discrimination under oath
- Charge must be filed within 300 days of discriminatory act
STEP 3: INVESTIGATION
- NEOC notifies employer (respondent) of charge
- NEOC investigates allegations
- Both parties may submit evidence and witnesses
- Investigation typically takes several months
STEP 4: DETERMINATION NEOC issues one of the following determinations:
Reasonable Cause: Evidence supports finding that discrimination occurred
- NEOC attempts conciliation/settlement
- If settlement fails, case may proceed to public hearing or court
No Reasonable Cause: Insufficient evidence that discrimination occurred
- Complainant receives Right to Sue letter
- Complainant may file lawsuit in state court within 90 days
Administrative Closure: Charge closed for administrative reasons
- May be due to complainant withdrawing charge
- May be due to lack of jurisdiction
Source: Nebraska Equal Opportunity Commission – Complaint Process
Available at: https://neoc.nebraska.gov/complaint-process
Contact Information for NEOC Offices
Lincoln – Main Office:
Nebraska Equal Opportunity Commission
301 Centennial Mall South, 5th Floor
P.O. Box 94934
Lincoln, NE 68509-4934
Phone: (402) 471-2024
Toll-Free: (800) 642-6112
Fax: (402) 471-4059
Hours: 8:00 AM – 5:00 PM, Monday-Friday
Omaha Office:
Nebraska Equal Opportunity Commission
1313 Farnam Street, 3rd Floor
Omaha, NE 68102-1836
Phone: (402) 595-2028
Toll-Free: (800) 382-7820
Hours: 8:00 AM – 5:00 PM, Monday-Friday
Scottsbluff Office:
Nebraska Equal Opportunity Commission
4500 Avenue “I”
P.O. Box 1500
Scottsbluff, NE 69363-1500
Phone: (308) 632-1340
Toll-Free: (800) 830-8633
Fax: (308) 632-1341
Hours: 8:00 AM – 5:00 PM, Monday-Friday
(Spanish-speaking staff available)
5.2 Federal Agency – U.S. Equal Employment Opportunity Commission (EEOC)
Filing Deadline
300 days from the date of discrimination in states with a Fair Employment Practice Agency (FEPA) like Nebraska.
NOTE: In states without a FEPA, the deadline is 180 days. Nebraska has a FEPA (the NEOC), so the 300-day deadline applies.
Dual-Filing and Work-Sharing Agreement
Nebraska has a work-sharing agreement with the EEOC. According to the EEOC:
“The EEOC contracts with approximately 90 FEPAs nationwide to process more than 48,000 discrimination charges annually. These charges raise claims under state and local laws prohibiting employment discrimination as well as the federal laws enforced by the EEOC.”
Source: EEOC – State and Local Fair Employment Practice Agencies
Available at: https://www.eeoc.gov/field-office/stlouis/fepa
Dual-Filing Options:
- File with NEOC and request cross-filing with EEOC
- File directly with EEOC (charge automatically dual-filed with NEOC)
- File separate charges with both agencies (not recommended)
Recommendation: Most employment attorneys in Nebraska recommend filing with NEOC first and requesting cross-filing with EEOC, since NEOC has local offices in Nebraska.
How to File with EEOC
1. EEOC Public Portal (Online):
- Website: https://publicportal.eeoc.gov/
- Create account and submit inquiry online
- Schedule intake appointment (phone, video, or in-person)
- Upload supporting documents
2. By Phone:
- EEOC Toll-Free: 1-800-669-4000
- TTY: 1-800-669-6820
- Call to schedule intake appointment
3. In Person:
- Visit Denver District Office (serves Nebraska)
- Scheduling an appointment is strongly recommended
- Walk-ins will be screened; appointments given priority
4. By Mail:
- Send written inquiry to Denver District Office
- Include name, address, phone, email
- Brief description of alleged discrimination
EEOC Office Serving Nebraska
Denver District Office:
U.S. Equal Employment Opportunity Commission
303 E. 17th Avenue, Suite 510
Denver, CO 80203
Phone: (303) 866-1300
TTY: (303) 866-1950
Website: https://www.eeoc.gov/field-office/denver/location
Public Portal: https://publicportal.eeoc.gov/
Official EEOC Process
According to the EEOC:
STEP 1: PRE-CHARGE INQUIRY
- Contact EEOC through Public Portal, phone, or in person
- EEOC screens inquiry to determine if it has jurisdiction
- EEOC schedules intake interview
STEP 2: INTAKE INTERVIEW
- Provide information about alleged discrimination
- EEOC determines if charge should be filed
- Charge must be filed within 300 days (in Nebraska)
STEP 3: CHARGE FILING
- Sign charge of discrimination under oath
- Charge filed with EEOC (and dual-filed with NEOC if requested)
STEP 4: MEDIATION (Optional)
- EEOC may offer voluntary mediation
- Both parties must agree to participate
- Confidential process; typically completed within 90 days
STEP 5: INVESTIGATION (If mediation unsuccessful or declined)
- EEOC notifies employer of charge
- EEOC investigates allegations
- Both parties submit evidence
- Investigation may take several months to years
STEP 6: DETERMINATION
EEOC issues one of the following:
Cause Finding: Evidence supports finding that discrimination occurred
- EEOC attempts conciliation with employer
- If conciliation fails, EEOC may file lawsuit or issue Right to Sue letter
No Cause Finding: Insufficient evidence that discrimination occurred
- EEOC issues Right to Sue letter
- Complainant has 90 days to file lawsuit in federal court
Dismissal and Notice of Rights: Charge dismissed for administrative reasons
- Right to Sue letter issued
- Complainant has 90 days to file lawsuit
Source: EEOC – Filing a Charge of Discrimination
Available at: https://www.eeoc.gov/filing-charge-discrimination
Published Official Documents
6.1 State-Specific Guidance Documents
Executive Order 23-17
DOCUMENT: Executive Order No. 23-17 – “Bringing Nebraska’s Public Servant Workforce Back to the Office”
PUBLISHED BY: Office of Governor Jim Pillen
DATE: November 9, 2023
SUMMARY: Requires all state employees to return to office work from 8 a.m. to 5 p.m., Monday through Friday, beginning January 2, 2024. Permits limited exceptions for non-standard hours, relocation, building capacity, workforce shortfalls, and statutory requirements. Applies only to state employees; does not govern private sector.
LINK: https://governor.nebraska.gov/sites/default/files/doc/press/23-17.pdf
FORMAT: PDF
PAGES: 2
Commission of Industrial Relations Decision
DOCUMENT: CIR Case No. 1561 – Findings of Fact and Order
PUBLISHED BY: Nebraska Commission of Industrial Relations
DATE: July 11, 2024
SUMMARY: Upholds validity of Executive Order 23-17, ruling that ordering state workforce back to office is within Governor’s executive authority. Dismisses all claims by Nebraska Association of Public Employees (NAPE). Orders NAPE to reimburse state for attorney fees and costs.
LINK: https://governor.nebraska.gov/sites/default/files/doc/press/1561-Findings-of-Fact-and-Order.pdf (referenced in Governor’s press release)
FORMAT: PDF
PAGES: 10
Governor’s Press Releases
DOCUMENT: “CIR Upholds Governor Pillen’s Order for State Employees to Return to Workplace”
PUBLISHED BY: Nebraska Governor’s Office
DATE: July 11, 2024
SUMMARY: Announces CIR decision upholding Executive Order 23-17. Includes statement from Governor Pillen: “Today’s ruling is a vindication of the state’s right to determine that its public servants will come into work where they can be most productive.”
LINK: https://governor.nebraska.gov/press/cir-upholds-governor-pillen%E2%80%99s-order-state-employees-return-workplace
FORMAT: HTML
6.2 Nebraska Department of Labor Publications
DOCUMENT: “Frequently Asked Questions” – Employment Law
PUBLISHED BY: Nebraska Department of Labor
DATE: Updated regularly
SUMMARY: Provides information on at-will employment, minimum wage, overtime, breaks, final paychecks, and other employment law topics in Nebraska. States: “Yes, Nebraska is an ‘Employment at Will’ state.”
LINK: https://dol.nebraska.gov/
FORMAT: PDF and HTML
DOCUMENT: Labor Standards Information
PUBLISHED BY: Nebraska Department of Labor – Labor Standards Division
DATE: Current
SUMMARY: Information on wage and hour laws, employment of minors, required posters, and wage complaint process.
LINK: https://dol.nebraska.gov/LaborStandards
FORMAT: HTML
6.3 Nebraska Equal Opportunity Commission Publications
DOCUMENT: Employment Discrimination Information
PUBLISHED BY: Nebraska Equal Opportunity Commission
DATE: Current
SUMMARY: Explains protected classes under Nebraska Fair Employment Practice Act, filing deadlines (300 days for employment), complaint process, and NEOC’s role in investigating discrimination charges.
LINK: https://neoc.nebraska.gov/employment
FORMAT: HTML
DOCUMENT: Nebraska Fair Employment Practice Act (Full Text)
PUBLISHED BY: Nebraska Equal Opportunity Commission
DATE: Updated June 2024
SUMMARY: Complete text of Nebraska Revised Statutes §§ 48-1101 to 48-1127, including definitions, prohibited practices, enforcement procedures, and remedies.
LINK: https://neoc.nebraska.gov/sites/default/files/2024-06/NebraskaFairEmploymentAct.pdf
FORMAT: PDF
6.4 Federal Publications Applicable to Nebraska
DOCUMENT: “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws”
PUBLISHED BY: U.S. Equal Employment Opportunity Commission
DATE: Updated regularly
SUMMARY: Addresses workplace accommodations, including remote work as reasonable accommodation, during and after COVID-19 pandemic. Provides guidance on interactive process and undue hardship analysis.
LINK: https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws
FORMAT: HTML
DOCUMENT: “Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act”
PUBLISHED BY: U.S. Equal Employment Opportunity Commission
DATE: October 17, 2002 (updated)
SUMMARY: Comprehensive guidance on reasonable accommodation requirements, interactive process, types of accommodations, and undue hardship defense.
LINK: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada
FORMAT: HTML
6.5 Nebraska Revised Statutes
DOCUMENT: Nebraska Revised Statutes § 81-113
PUBLISHED BY: Nebraska Legislature
DATE: Current
SUMMARY: Requires each executive department to be open to transact business from 8 a.m. to 5 p.m. each day, except Saturdays, Sundays, and holidays. Cited as statutory basis for Executive Order 23-17.
LINK: https://nebraskalegislature.gov/laws/statutes.php?statute=81-113
FORMAT: HTML
DOCUMENT: Nebraska Revised Statutes Chapter 48 – Labor
PUBLISHED BY: Nebraska Legislature
DATE: Current
SUMMARY: Contains Nebraska Fair Employment Practice Act (§§ 48-1101 to 48-1127), Nebraska Age Discrimination in Employment Act (§§ 48-1001 to 48-1010), Nebraska Equal Pay Act (§§ 48-1219 to 48-1227), and other labor-related statutes.
LINK: https://nebraskalegislature.gov/laws/browse-chapters.php?chapter=48
FORMAT: HTML
Absence of Private Sector RTO Legislation
Legislative Research Results
As of December 20, 2025, searches of the Nebraska Legislature website reveal:
No specific statutes enacted governing return to office mandates for private sector employers.
Search Conducted:
- Website: Nebraska Legislature (https://nebraskalegislature.gov/)
- Date: December 2025
- Search Terms: “return to office,” “remote work mandate,” “telework requirements,” “hybrid work,” “workplace location”
- Bill Tracking: No bills introduced in 2023, 2024, or 2025 legislative sessions addressing private sector remote work requirements
Result: No relevant legislation identified for private sector employers
General Employment Framework Applies
Private sector employers in Nebraska operate under the following legal framework:
At-Will Employment
- Nebraska Revised Statutes (common law doctrine)
- Employees can be terminated at any time for any lawful reason
- Employers can change work location requirements
Anti-Discrimination Laws
- Nebraska Fair Employment Practice Act (Neb. Rev. Stat. §§ 48-1101 to 48-1127)
- Nebraska Age Discrimination in Employment Act (Neb. Rev. Stat. §§ 48-1001 to 48-1010)
- Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e)
- Americans with Disabilities Act (42 U.S.C. § 12101)
Accommodation Requirements
- Nebraska Fair Employment Practice Act disability provisions
- Americans with Disabilities Act reasonable accommodation requirements
- Interactive process obligations
Anti-Retaliation Protections
- Nebraska Fair Employment Practice Act § 48-1114
- Federal anti-retaliation provisions under Title VII, ADA, and other laws
Contractual Obligations
- Written employment contracts
- Collective bargaining agreements
- Employee handbooks creating implied contracts
Pending or Recent Legislative Activity
As of December 2025:
No bills pending in the Nebraska Legislature specifically addressing return to office mandates or remote work requirements for private sector employers.
Recent Relevant Legislation:
LB 518 (2025): Nebraska Paid Sick Leave Law
- Effective: October 1, 2025
- Requires employers with certain employee thresholds to provide paid sick leave
- Does not address remote work or office location requirements
- Available at: https://nebraskalegislature.gov/
Note: No executive orders applicable to private sector employers have been issued regarding return to office requirements. Executive Order 23-17 applies only to state employees.
Frequently Asked Questions - RTO mandate Nebraska
What is Nebraska’s return to office mandate?
Nebraska’s return to office mandate refers to Executive Order 23-17, issued by Governor Jim Pillen on November 9, 2023. This order requires all state employees (public servants employed by the State of Nebraska) to return to working in their offices from 8 a.m. to 5 p.m., Monday through Friday, effective January 2, 2024.
Key points:
- Applies ONLY to state employees
- Does NOT apply to private sector employees
- Requires in-office work at assigned locations
- Permits limited exceptions (non-standard hours, relocation, building capacity, workforce shortfall)
- Based on Nebraska Revised Statute § 81-113
The order was upheld by the Nebraska Commission of Industrial Relations on July 11, 2024, after legal challenge by the Nebraska Association of Public Employees (NAPE).
Source: Executive Order No. 23-17, Nebraska Governor’s Office
Available at: https://governor.nebraska.gov/sites/default/files/doc/press/23-17.pdf
Does Nebraska’s RTO mandate apply to private employers?
No. Executive Order 23-17 applies only to state employees (public servants employed by the State of Nebraska). It does not apply to:
- Private sector employers or employees
- County government employees
- Municipal/city employees
- Federal employees working in Nebraska
- Independent contractors
Private sector employers in Nebraska are not required to follow Executive Order 23-17 and may set their own workplace location policies, subject to:
- At-will employment doctrine
- Anti-discrimination laws (Nebraska Fair Employment Practice Act, federal laws)
- Reasonable accommodation requirements (ADA, Nebraska FEPA)
- Contractual obligations
- Collective bargaining agreements
Source: Nebraska Governor’s Office and Nebraska Department of Labor
Can my employer force me back to the office in Nebraska?
Generally, yes. Nebraska is an at-will employment state. According to the Nebraska Department of Labor:
“Nebraska is an ‘Employment at Will’ state. This means that the employer and the employee have equal rights to terminate employment at any time. Neither party is obligated to give notice or cause of termination.”
Private sector employers in Nebraska can generally:
- Require employees to work in the office
- Change remote work policies
- Set workplace location requirements
- Modify work schedules and conditions
However, there are important exceptions:
- Employment Contracts: If you have a written employment contract guaranteeing remote work, your employer must honor the contract terms.
- Collective Bargaining Agreements: Union contracts may protect remote work arrangements.
- Reasonable Accommodation: If you have a disability and remote work is a reasonable accommodation, your employer must engage in the interactive process and may be required to allow remote work unless it causes undue hardship.
- Anti-Discrimination: Your employer cannot require office work based on protected characteristics (race, religion, sex, disability, age, etc.).
- Retaliation: Your employer cannot require office work in retaliation for protected activities (filing discrimination charges, reporting illegal conduct, etc.).
Source: Nebraska Department of Labor, Nebraska Fair Employment Practice Act
Available at: https://dol.nebraska.gov/
What are my accommodation rights under Nebraska law?
Under the Nebraska Fair Employment Practice Act, employees with disabilities have the right to request reasonable accommodations from employers with 15 or more employees.
Your rights include:
1. Request Accommodation:
- You may request reasonable accommodation for a disability
- Request can be oral or written
- You don’t need to use specific legal language
- You should explain the limitation and potential accommodation
2. Interactive Process:
- Your employer must engage in good-faith dialogue
- Your employer may request medical documentation
- You and your employer should discuss accommodation options
- Your employer must consider your preferred accommodation
3. Reasonable Accommodation:
- Your employer must provide reasonable accommodation unless it causes undue hardship
- Accommodations may include modified schedules, equipment, job restructuring, or remote work
- Your employer may offer alternative accommodations
4. Protection from Retaliation:
- Your employer cannot retaliate against you for requesting accommodation
- Retaliation includes termination, demotion, harassment, or adverse treatment
Protected disabilities include:
- Physical or mental impairments that substantially limit major life activities
- Record of such impairment
- Being regarded as having such impairment
Filing Deadline: 300 days from discriminatory act under Nebraska Fair Employment Practice Act
Source: Nebraska Equal Opportunity Commission, Nebraska Revised Statutes § 48-1102
Available at: https://neoc.nebraska.gov/employment
How do I file a discrimination complaint in Nebraska?
You can file a discrimination complaint with either the Nebraska Equal Opportunity Commission (NEOC) or the U.S. Equal Employment Opportunity Commission (EEOC), or both.
Filing with NEOC (Recommended for Nebraska residents):
Deadline: 300 days from discriminatory act
Methods:
- Online: https://neoc.nebraska.gov/contact-us
- Phone:
- Lincoln: (402) 471-2024 or (800) 642-6112
- Omaha: (402) 595-2028 or (800) 382-7820
- Scottsbluff: (308) 632-1340 or (800) 830-8633
- In Person: Visit any NEOC office (Lincoln, Omaha, or Scottsbluff)
- Mail: Send inquiry to any NEOC office address
Filing with EEOC:
Deadline: 300 days in Nebraska (states with FEPA)
Methods:
- Online: https://publicportal.eeoc.gov/
- Phone: 1-800-669-4000
- In Person: Denver District Office (by appointment)
Dual-Filing: Nebraska has a work-sharing agreement with EEOC. You can file with one agency and request cross-filing with the other.
What to Expect:
- Intake interview with investigator
- File formal charge under oath
- Investigation (several months)
- Determination (reasonable cause, no cause, or administrative closure)
- Possible conciliation/settlement
- Right to sue letter if not resolved
Contact for more information:
- NEOC Lincoln: (402) 471-2024
- EEOC Toll-Free: 1-800-669-4000
Can I request remote work as a reasonable accommodation?
Yes. Remote work or telecommuting may be a reasonable accommodation under the Americans with Disabilities Act (ADA) and Nebraska Fair Employment Practice Act if:
- You have a disability that substantially limits a major life activity
- Remote work would enable you to perform the essential functions of your job
- Remote work does not impose an undue hardship on your employer
Important considerations:
Your employer must:
- Engage in the interactive process to discuss your accommodation request
- Consider remote work as a potential accommodation
- Provide accommodation unless it causes undue hardship
- Not retaliate against you for requesting accommodation
Your employer is NOT required to:
- Provide your specific preferred accommodation if an alternative works
- Allow remote work if it would compromise essential job functions
- Provide accommodation that causes undue hardship
- Eliminate essential job functions
Factors considered:
- Can essential job functions be performed remotely?
- Does the job require in-person collaboration or supervision?
- Is equipment or technology available for remote work?
- What is the cost and impact on the employer’s operations?
- Did employees successfully work remotely during COVID-19?
Note: The fact that your employer previously allowed remote work (such as during the COVID-19 pandemic) may be relevant evidence that the job can be performed remotely, but it does not automatically make remote work a required accommodation.
Source: EEOC Guidance on COVID-19 and ADA
Available at: https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws
What is Nebraska’s Fair Employment Practice Act?
The Nebraska Fair Employment Practice Act (FEPA) is the state’s primary anti-discrimination law in employment. Enacted in 1965, it prohibits discrimination in employment based on protected characteristics.
Reference: Nebraska Revised Statutes §§ 48-1101 to 48-1127
Protected Classes:
- Race
- Color
- Religion
- Sex (including pregnancy)
- Disability
- Marital status
- National origin
- Retaliation
Covered Employers:
- 15 or more employees for each working day in each of 20 or more calendar weeks
- State of Nebraska and governmental agencies (all sizes)
- Businesses financed by Nebraska Investment Finance Authority Act (all sizes)
Prohibited Practices:
- Refusing to hire based on protected class
- Terminating employment based on protected class
- Discriminating in compensation, terms, or conditions of employment
- Limiting or segregating employees based on protected class
- Retaliating against employees who oppose discrimination or participate in investigations
Enforcement: Nebraska Equal Opportunity Commission (NEOC)
Filing Deadline: 300 days from discriminatory act
Remedies: Back pay, reinstatement, compensatory damages, attorney fees
Source: Nebraska Revised Statutes and Nebraska Equal Opportunity Commission
Available at: https://nebraskalegislature.gov/laws/statutes.php?statute=48-1101
Where do I file an EEOC complaint in Nebraska?
Nebraska is served by the EEOC Denver District Office. However, you have multiple options for filing:
Option 1: File with NEOC (Recommended) File with the Nebraska Equal Opportunity Commission and request cross-filing with EEOC:
- Lincoln: (402) 471-2024 or (800) 642-6112
- Omaha: (402) 595-2028 or (800) 382-7820
- Scottsbluff: (308) 632-1340 or (800) 830-8633
- Online: https://neoc.nebraska.gov/contact-us
Option 2: File Directly with EEOC
- EEOC Public Portal: https://publicportal.eeoc.gov/
- Phone: 1-800-669-4000 (toll-free)
- TTY: 1-800-669-6820
EEOC Denver District Office: 303 E. 17th Avenue, Suite 510
Denver, CO 80203
Phone: (303) 866-1300
TTY: (303) 866-1950
Work-Sharing Agreement: Nebraska has a work-sharing agreement with the EEOC. Filing with NEOC and requesting cross-filing is often the most convenient option for Nebraska residents, as NEOC has three offices within the state.
Deadline: 300 days from discriminatory act (in Nebraska)
Source: EEOC and NEOC
Available at: https://www.eeoc.gov/field-office/denver/location
What is at-will employment in Nebraska?
At-will employment means that either the employer or employee can terminate the employment relationship at any time, for any lawful reason, or for no reason at all, with or without notice.
According to the Nebraska Department of Labor:
“Nebraska is an ‘Employment at Will’ state. This means that the employer and the employee have equal rights to terminate employment at any time. Neither party is obligated to give notice or cause of termination.”
What this means for employees:
- Your employer can terminate you at any time (absent a contract)
- Your employer can change your job duties, work location, or schedule
- You can quit at any time without notice
- You are not guaranteed any particular duration of employment