Bluff's Vision Clinic, P.C. v. Krzyzanowski

Caporale, 1,

dissenting.

I disagree. The majority rests its decision of first impression under the Nebraska Fair Employment Practice Act, Neb. Rev. Stat. §§ 48-1101 through 48-1126 (Reissue 1993), on ill-reasoned federal cases because it considers them to be “more consistent with the remedial purpose of the statute.” This, I regretfully suggest, begs the question of what the Nebraska Legislature sought to remedy.

The express purpose of our act is to “foster the employment of all employable persons ... on the basis of merit regardless of their race, color, religion, sex, disability, or national…