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Last September, Delaware enacted a law (the Pregnant Workers Fairness Act), which outlawed employment discrimination based on pregnancy and related conditions. The law has now gone into effect and Delaware employers, in addition to not being able to discriminate on the basis of pregnancy, childbirth or related conditions, have notification obligations. These notification obligations go into effect tomorrow, January 7, 2015.

There are three notice requirements under the Act:

  1. New employees must be notified of their right to be free from such discrimination “at the commencement of employment.”
  2. A form of notice should be included with each new employee’s welcome packet of information. It wouldn’t be a bad idea to secure a written acknowledgement from the employee of receipt of the Notice. Additional notice must be given within 10 days after the employee notifies the employer of her pregnancy (again, obtaining a written acknowledgement of receipt of notice would be a good idea).
  3. The employer must post a notice of such rights conspicuously in the workplace, such as in a lunch room or changing room. 

Employers should take the to review their current policies on reasonable accommodations with their attorney in order to ensure compliance with the new law, and notification requirements. 

For questions, comments or additional information, please contact Robert Small, Partner in our Employment Practice Group, at or via phone at 215.495.6541.