Neb. Rev. Stat. § 20-301 et seq. § 20-169
Individual; threat to health or safety; unable to perform duties; effect.
Operative Text
Actions otherwise prohibited by subsections (1) and (3) of section 20-168 shall not constitute a violation of the requirements of such section if the individual suffering from or suspected of suffering from human immunodeficiency virus infection or acquired immunodeficiency syndrome poses a direct threat to the health or safety of himself, herself, or other individuals or is unable to perform the duties of the job he or she is applying for or is employed to perform.
Nebraska law under Neb. Rev. Stat. § 20-169 establishes an exception to the anti-discrimination protections found in § 20-168. Specifically, conduct that would otherwise be prohibited discrimination against a person with HIV or AIDS is not treated as a violation when that individual poses a direct threat to the health or safety of themselves or others, or when they are genuinely unable to perform the essential duties of the job in question. This exception is narrow and applies only when one of those two specific conditions is actually present.
Plain English — not legal advice.
Under Neb. Rev. Stat. § 20-169, property owners and employers should understand that the exception carved out here is limited and fact-specific — it does not create a broad license to treat individuals with HIV or AIDS differently. Compliant operators generally rely on objective, documented evidence of a direct safety threat or a demonstrated inability to perform job duties before invoking this exception, rather than assumptions or generalizations about the condition. Operators familiar with both § 20-168 and § 20-169 typically consult legal counsel to evaluate whether the narrow conditions of this exception genuinely apply before taking any adverse action.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Neb. Rev. Stat. § 20-169 provides a limited exception to the protections against HIV/AIDS-related discrimination established in § 20-168, and tenants or job applicants should be aware that this exception cannot be invoked based on stereotypes or unfounded fears about the condition. If an adverse action has been taken against you and you believe the § 20-169 exception was improperly applied, general enforcement paths may include filing a complaint with a relevant state civil rights body or consulting a tenant-rights or civil rights organization familiar with Nebraska law. Understanding the distinction between the core protections in § 20-168 and this narrow exception in § 20-169 can be an important starting point when evaluating whether a violation may have occurred.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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