['Discrimination']
['Pregnancy Discrimination']
04/26/2024
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Summary of differences between federal and state regulations
The Delaware Discrimination in Employment Act’s nondiscrimination provisions include pregnancy, and provide that employers with four or more employees must provide reasonable accommodations for pregnancy. “Pregnancy” includes the pregnancy, childbirth, or a related condition, including but not limited to lactation.
Under the Pregnant Workers Fairness Act, effective September 9, 2014, employers must provide reasonable accommodations to employees affected by pregnancy, childbirth, or related medical conditions (including lactation).
Accommodations available may include, but are not limited to, acquisition of equipment for sitting, more frequent or longer breaks, periodic rest, assistance with manual labor, job restructuring, light duty assignments, modified work schedules, temporary transfers to less strenuous or hazardous work, time off to recover from childbirth, or break time and appropriate facilities for expressing breast milk.
Employers are not required to provide an accommodation that would pose an undue hardship. An undue hardship is an action requiring significant difficulty or expense when considered in light of factors such as the nature and cost of the accommodation, the overall financial resources of the employer, the overall size of the business, and the effect on expenses and resources or the impact of the accommodation upon the employer’s operation.
Employers are prohibited from requiring an employee to take leave under any law or policy if another reasonable accommodation can be provided to the known limitations related to the employee’s pregnancy.
Employers are to post a notice regarding the pregnancy nondiscrimination provisions. They are also to provide notice of the protections in writing to new employees, and orally or in writing to existing employees by 1/7/15.
State
Contact
Office of Labor Law Enforcement
Statutes/Regulations
Delaware Code, Title 19, Chapter 7, Subchapter II, §710 - 716
Federal
Contact
Equal Employment Opportunity Commission (EEOC)
Regulations
Pregnancy Discrimination Act, Public Law 95-555, 92 Stat. 2076 (1978)
29 CFR Parts 1604.10, Employment policies relating to pregnancy and childbirth.
Appendix A to Part 1604, Questions and Answers on the Pregnancy Discrimination Act, Public Law 95-555, 92 Stat. 2076 (1978)
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Copyright 2025 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.