Delaware Maternity and Pregnancy laws & HR compliance analysis

Delaware Maternity and Pregnancy: What you need to know

The Delaware Fair Employment Practices Act (FEPA), as amended in 2014 (the Act), prohibits employment discrimination based on sex, including pregnancy.
The law covers private employers with four or more employees and all state employers.
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Notice. Covered employers must also provide notice of the right to be free from discrimination in relation to pregnancy, childbirth, and related conditions, including the right to reasonable accommodation to known limitations related to pregnancy, childbirth, and related conditions.
Notice must be given in writing to new employees at the commencement of employment, orally or in writing to existing employees within 120 days after the effective date of the amendments, and orally or in writing to any employee who notifies the employer of her pregnancy within 10 days of such notification.
Notice must also be conspicuously posted at an employer’s place of business in an area accessible to employees.
In 2014, the FEPA 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.
Employers are required to accommodate employees whose ability to work is limited by pregnancy, childbirth, lactation, and related conditions.
Types of accommodation. Accommodations may include providing more frequent or longer breaks, modifying a no-food-or-drink policy, ...

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