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New Laws for 2014: Pregnant Workers Fairness Act (Delaware)


Each state has a host of new employment and labor related laws that take effect in 2014. This series focuses on several new laws from around the country that are of particular interest.  As we have seen over the past few months, the EEOC has made pregnancy discrimination claims a priority this year.  In this instance, this note focuses on a new law that protects pregnant employees and employees who have recently given birth in Delaware. 


Recently, Governor Jack Markell of Delaware, signed into law the Pregnant Workers Fairness Act.  This Act extends workplace protections to pregnant employees as well as employees who have recently given birth and requires employers to provide reasonable accommodations to these employees.  While this is a somewhat wide sweeping law, it is important to note that the Act only requires employers to make reasonable accommodations for the known limitations of pregnant employees, so long as the accommodation does not result in an undue hardship for the employer.  Employers should remember that this new law does not require every accommodation be provided, rather only reasonable accommodations will now be required in the state.

For those keeping score at home, this Act is an extension of the Pregnancy Discrimination Act ("PDA") as Delaware's new law adopts the reasonable accommodation standard of the Americans with Disabilities Act ("ADA") and applies that requirement to pregnant employees.  It is important to remember, however, that this new Act does not circumvent the PDA and ADA; this Act simply requires that Delaware employers make reasonable accommodations to certain employees.

Note that Delaware is not alone in this expanded protection for pregnant employees as New York, California, and Maryland also require employers to provide an accommodation to pregnant employees when feasible. 



A copy of the Senate Bill can be found here:  http://www.legis.delaware.gov/LIS/lis147.nsf/EngrossmentsforLookup/SB+212/$file/Engross.html?open

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