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, which includes pregnancy.
This law also prohibits discrimination based on an employee or applicant’s “reproductive health decision,” which is defined as any decision "related to the use or intended use of a particular drug, device, or medical service, including the use or intended use of contraception or fertility control or the planned or intended initiation or termination of a pregnancy."
The law covers private employers with four or more employees and all state employers.
Family responsibility. FEPA also prohibits discrimination based on an employee’s “family responsibility,” which means an employee's caregiving obligations "to any family member who would qualify as a covered family member" under the FMLA.
This law prohibits discrimination but does not create a separate leave entitlement, nor does it obligate employers to make special accommodations for employees’ family responsibilities.
Employers are still permitted to apply standard attendance and performance standards, as long as they are not applied in a discriminatory manner against those with family responsibilities.
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The FEPA requires 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.
Employers are required to accommodate employees whose ability to work is limited by pregnancy, childbirth, lactation, and related conditions.
Types of accommodation. Accommodations may ...

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