Delaware Protects Pregnant and Transgender Workers

The Delaware Department of Labor revised the Delaware Labor Law Poster required for all employers to reflect the inclusions of pregnant and transgender employees as workers who are protected from employment discrimination.

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What Changed on the Delaware Labor Law Poster?

The revised posting includes Gender Identity as a class protected from discrimination in hiring and employment, and it adds a section informing employers that pregnant workers must receive reasonable accommodation in the workplace.

Delaware Gender Identity

Delaware Governor Jack Markell signed into law the Gender Identity Nondiscrimination Act (SB 97) in 2013. The Act added gender identity to Delaware’s existing law (Title 19) prohibiting discrimination in the workplace and in housing. The original legislation in 1999 had been rewritten without gender identity included. Employers may not treat transgender workers any differently than other workers in hiring, firing, promotion, or pay.

According to the Delaware statute, Gender identity means “a gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth.”

Employers may still require all workers “…to adhere to reasonable workplace appearance, grooming and dress standards not precluded by other provisions of state or federal law, except that an employer shall allow an employee to appear, groom and dress consistent with the employee’s gender identity.” [§ 711 (m)]

Delaware Pregnancy Discrimination

Pregnant workers or those who have given birth or suffer from pregnancy-related medical conditions are protected from workplace discrimination under the Delaware Discrimination in Employment Act (DDEA). The Act covers employers with 4 or more employees, including state and local governments. Women who are pregnant or affected by related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations.

If a pregnant worker is unable to perform her typical job duties because of pregnancy or pregnancy-related medical condition, then the employer must provide reasonable accommodation [see § 710 (17)], such as light-duty assignments, or allow the worker to take disability leave or time off without pay.

After giving birth, the worker must be allowed to return to her former job with no adverse effects to pay or promotion.

In addition to displaying the Delaware Labor Law Poster, Delaware employers must notify [§ 716 (b)(1)]:

  • New employees in writing about Delaware’s pregnant worker protections.
  • All other employees verbally or in writing by January 7, 2015.
  • Pregnant workers verbally or in writing within 10 days after they alert the employer about pregnancy.

Delaware Labor Law Poster

The Delaware Labor Law Poster is available as part of the Delaware Poster Compliance Package from GovDocs. Order now and save 20% with coupon code BLOG20.

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