Nebraska Seeks Comments On Anti-Discrimination Rule

The Nebraska Supreme Court has circulated for comment a proposed amendment of the State Bar Association to their Rule 8.4, stating that a lawyer shall not

(h) engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in connection with a lawyer’s professional activities; or
(i) engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status that reflects adversely on the lawyer’s fitness as a lawyer. Whether an act of discrimination or harassment reflects adversely on a lawyer’s fitness as a lawyer shall be determined after consideration of all the circumstances, including:
1) the seriousness of the act;
2) whether the act was part of a pattern of prohibited conduct; and
3) whether the act was committed in connection with the lawyer’s professional activities.
(j) Subsections (h) and (i) do not preclude legal advice and advocacy when harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status are at issue.

(Mike Frisch)