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ONE HUNDRED SIXTH LEGISLATURE
SECOND SESSION
LEGISLATIVE RESOLUTION 466
Introduced by Pansing Brooks, 28; Blood, 3; Brandt, 32; Cavanaugh, 6; Chambers,
11; Crawford, 45; DeBoer, 10; Dorn, 30; Gragert, 40; Hansen, M.,
26; Hilkemann, 4; Howard, 9; Hunt, 8; Kolowski, 31; Kolterman,
24; Lathrop, 12; Lindstrom, 18; McCollister, 20; McDonnell, 5;
Morfeld, 46; Quick, 35; Scheer, 19; Stinner, 48; Vargas, 7;
Wayne, 13; Williams, 36; Wishart, 27.
WHEREAS, on June 15, 2020, the United States Supreme Court ruled in
Bostock v. Clayton County; Altitude Express, Inc. v. Zarda; and R.G. & G.R.
Harris Funeral Homes, Inc. v. Equal Employment Opportunity Commission, that an
employer who fires an individual merely for being gay or transgender violates Title VII of the Civil Rights Act of 1964; and WHEREAS, Justice Neil Gorsuch, writing for the majority in the Bostock decision, said, "An employer who fires an individual for being homosexual or
transgender fires that person for traits or actions it would not have questioned in members of a different sex. Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids."; and WHEREAS, Justice Gorsuch further explained that "it is impossible to
discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex"; and WHEREAS, the Nebraska Chamber of Commerce, local chambers of commerce across the state, employers, and policy leaders throughout Nebraska have repeatedly declared that workforce development is an important challenge and top concern for business leaders and entrepreneurs; and WHEREAS, Nebraska continually has one of the lowest unemployment rates in
the nation, which presents unique challenges for Nebraska businesses looking to
attract and retain skilled, qualified, and ambitious workers; and WHEREAS, in order to attract and recruit a workforce for the needs of our employers and for the benefit of Nebraska, legislators and policymakers need to
look thoughtfully at our state laws to make sure they are welcoming to all
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potential qualified applicants and employees; and WHEREAS, the motto of our state was adopted in 1867 as "Equality Before the Law" and this motto is proudly displayed on the official state flag and state seal. There has been an increasing recognition that this commitment to
equality should be extended to all, including members of the LGBTQ+ community,
and that no one should be denied the benefits of our state, such as equal employment or housing, for who they are or whom they love. The Bostock decision is consistent with our state's pledge of equality and equal treatment under the law.
NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE ONE HUNDRED SIXTH
LEGISLATURE OF NEBRASKA, SECOND SESSION:
1. That the Legislature affirms the United States Supreme Court decision in Bostock v. Clayton County.
2. That the Legislature is committed to the ongoing training, recruitment,
and retention of all skilled workers in Nebraska to meet the workforce development needs of our employers.
3. That the Nebraska Legislature sends a strong message to current and prospective employers and workers that Nebraska is committed to being a welcoming and inclusive state for all, including LGBTQ+ families and individuals, and that Nebraska is open for business.
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