Can I charge different prices to different customers without violating discrimination laws in Nebraska? What are the requirements?

Nebraska law generally prohibits discrimination in pricing, but there are exceptions for differences in prices based on individual negotiations, market conditions, patient mix, method of payment, or price differences among providers in different geographical areas ^[1.1][2.2]. However, it is important to note that discrimination in pricing is prohibited in certain circumstances. For example, any person, firm, or company engaged in the production, manufacture, or distribution of any commodity in general use that discriminates between different sections, communities, or cities of the state by selling such commodity at a lower rate in one section, community, or city than is charged for said commodity by said party in another section, community, or city, after making due allowance for the difference, if any, in the grade or quality and in the actual cost of transportation from the point of production, if a raw product, or from the point of manufacture, if a manufactured product, shall be deemed guilty of unfair discrimination, which is hereby prohibited and declared unlawful ^[1.1].

Therefore, while it is generally permissible to charge different prices to different customers, it is important to ensure that such differences are not based on discriminatory factors such as race, gender, or religion. It is also important to ensure that any differences in pricing are based on legitimate business factors such as individual negotiations, market conditions, patient mix, method of payment, or price differences among providers in different geographical areas.

Source(s):

• [1.1] Sales; discrimination; when unlawful.
• [2.2] Contracts with preferred providers; procedure; discrimination prohibited.

Jurisdiction

Nebraska

• General