Nebraska Statutes 20-340. Civil action in lieu of hearing; relief authorized
(1) If an election is made under section 20-335 to have the claims asserted in the charge decided in a civil action, the commission shall authorize, and not later than thirty days after the election is made the Attorney General shall commence and maintain, a civil action on behalf of the aggrieved person in the appropriate district court seeking relief under this section.
Terms Used In Nebraska Statutes 20-340
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Action shall: include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Aggrieved person: shall include any person who:
(1) Claims to have been injured by a discriminatory housing practice. See Nebraska Statutes 20-304
- Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
- Commission: shall mean the Equal Opportunity Commission. See Nebraska Statutes 20-305
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Discriminatory housing practice: shall mean an act that is unlawful under section 20-318, 20-319, 20-320, 20-321, or 20-344. See Nebraska Statutes 20-309
- Person: shall include one or more individuals, corporations, partnerships, limited liability companies, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, and fiduciaries. See Nebraska Statutes 20-314
(2) Any aggrieved person with respect to the issues to be determined in a civil action under this section may intervene as of right.
(3) In a civil action under this section, if the court finds that a discriminatory housing practice has occurred or is about to occur, the court may grant any relief which a court could grant with respect to such discriminatory housing practice in a civil action under section 20-342. Any relief so granted that would accrue to an aggrieved person in such a civil action shall also accrue to that aggrieved person in a civil action under this section. If monetary relief is sought for the benefit of an aggrieved person who does not intervene in the civil action, the court shall not award such relief if that aggrieved person has not complied with discovery orders entered by the court.
Source
- Laws 1991, LB 825, § 41.