The DelawareFair Employment Practices Act, as amended in 2014 (the Act), prohibits employment discrimination on the basis of sex, including pregnancy. The law covers private employers with four or more employees and all state employers.
Employers with 15 or more employees may also have obligations under the federal Pregnancy Discrimination Act (PDA).
Reasonable accommodation required. In 2014, the Act was amended to require employers to make reasonable accommodations similar to those made under the Americans with Disabilities Act (ADA), for the known limitations of pregnant employees, as long as the accommodation does not constitute an undue hardship for the employer. As a result, employers in Delaware must now make available to pregnant workers the same accommodations or benefits that are available to those with injuries or disabilities.
Under the Delaware law, employers are required to accommodate employees whose ability to work is limited by pregnancy, childbirth, lactation, and related conditions. Accommodations may include providing more frequent or longer breaks, modifying a no-food-or-drink policy, and providing periodic rest, light-duty assignments, temporary transfer to alternative position, a modified work schedule or job responsibilities, and appropriate facilities for expressing breast milk. In considering whether these accommodations would cause the employer an undue hardship, factors such as the nature and cost of the accommodation, the size of the employer’s business, and the effect the accommodation would have on business operations should be considered.
The 2014 amendments to the Act prohibit employers from denying a job to a pregnant applicant based on the need for workplace accommodations, ...