Nebraska Gov. Pete Ricketts vetoed a legislative bill to extend employment discrimination protection to include traits historically associated with race, including hairstyles and hair texture.

The bill’s sponsor, Omaha Sen. Machaela Cavanaugh, said during legislative debate that some people have a strong implicit bias against natural hairstyles traditionally worn by Black people.

“As we seek to find ways to recruit and retain a robust workforce in Nebraska, LB 1060 is a no-cost way to make Nebraska an ideal location for a workforce looking for a state that values its workers,” Cavanaugh said.

The bill passed Aug. 11 on the second-to-last day of the legislative session. Lawmakers have already adjourned for the session, so there is no opportunity to override Ricketts’ veto – although the bill was adopted on a 27-12 vote, which fails to meet the threshold to overturn a veto.

In announcing the veto in a letter to members of the Legislature, Ricketts said that he agreed with the goal of the bill. However, he said that hairstyles are not exclusive to a race, and he said the bill could hinder grooming standards related to safety for some employees, such as machinery operators and food handlers.

In March Venango Sen. Dan Hughes said during legislative debate that prohibiting certain hairstyles can be a serious safety consideration.

“Being in agriculture is a dangerous job,” Hughes said. “Having long hair is an impediment and, quite frankly, that’s a risk that I’m not willing to take with an employee.”

The governor said he supports “protections for employees based upon their immutable hair texture” but that LB 1060’s new definition of “race” would apply to all cases under the Nebraska Fair Employment Practice Act.

“I am committed to working with the Legislature to enact a statute early in the upcoming session that will achieve this important purpose but in a manner that focuses on immutable race characteristics and provides employer flexibility,” Ricketts said.

Ashlei Spivey, founder of I Be Black Girl and equity and inclusion officer on the ACLU of Nebraska Board of Directors, said in a statement that LB 1060 was urgently needed and that she hopes Ricketts works to mitigate the harm of discrimination in the coming months until the bill can be revisited and passed into law.

“Racial discrimination in all forms is wrong and it’s deeply disappointing that natural hair discrimination will remain legal in Nebraska because of the governor’s veto,” Spivey said. “Above all else, this is a missed opportunity to demonstrate a clear commitment to making our workplaces more inclusive and safer for all Nebraskans. Everyone should consider that a loss.”

 Cavanaugh said she was disappointed by the decision on her priority bill. She said she worked with the Nebraska Attorney General’s Office and Nebraska Equal Opportunity Commission to ensure the intent of the bill was realized, and she noted that the bill drew the testimony of 15 supporters and no opposition.

“It is unfortunate that the governor and his office never reached out with any of his concerns,” Cavanaugh said in a statement. “The concerns outlined in the governor’s letter about LB1060 were addressed in the committee hearing and again on the floor of the Legislature after several hours of debate.”

The Nebraska Unicameral Information Office contributed to this report.