An employer may not discriminate against an employee because of her breastfeeding schedule. Women breastfeeding and lactating must be able to take breaks as other employees who take breaks for other medical or personal reasons. Employers are prohibited from firing, demoting, harassing or otherwise retaliating against an employee because she has complained of discrimination or participated in an employment discrimination proceeding.
Harassment by managers, co-workers, or others in the workplace because of sex including pregnancy is prohibited. Employers are required to provide a work environment free of harassment based on pregnancy, childbirth, or related medical conditions, including breastfeeding. Department of Labor, Wage and Hour Division.
A charge may be filed in person at the Delaware Department of Labor office in Milford or Wilmington within days of the alleged unlawful employment practice or its discovery. Complete the Discrimination Intake Form to begin the investigation process. File a complaint by calling the WHD toll-free at or visiting www. You will then be directed to your nearest WHD office for assistance. You may call or visit the EEOC website for more information on filing a charge and filing deadlines.
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Important Note: Federal sector employees have a different complaint process. Superior Court shall have the authority to provide the following relief, including but not limited to: a. Order the respondent to cease and desist or modify its existing employment policies; b. Order the respondent to hire, reinstate or promote the charging party; c. Order the payment of compensatory damages, including but not limited to general and special damages, punitive damages when appropriate, not to exceed the damage awards allowable under Title VII of the Civil Rights Act of [42 U.
Order the costs of litigation and reasonable attorney's fees to the prevailing party. An employee whose rights are denied can file a complaint with the Wage and Hour Division, which can go to court to obtain an order requiring the employer to comply.
Remedies may include reinstatement, compensatory damages, punitive damages, back pay for lost wages where someone has been terminated, and requiring an employer to take certain actions to prevent future discrimination. This document was developed in partnership with the Breastfeeding Coalition of Delaware.
Break Time for Nursing Mothers law content was reviewed by the U. Any individual employed in agriculture or in the domestic service of any person, b. Any individual who, as a part of that individual's employment, resides in the personal residence of the employer, c. Any individual employed by said individual's parents, spouse or child, or d. Any individual elected to public office in the State or political subdivision by the qualified voters thereof, or any person chosen by such officer to be on such officer's personal staff, or an appointee on the policy making level or an immediate advisor with respect to the exercise of the constitutional or legal powers of the office.
The exemption set forth in the preceding sentence shall not include employees subject to the merit service rules or civil service rules of the state government or political subdivision.
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Gender identity may be demonstrated by consistent and uniform assertion of the gender identity or any other evidence that the gender identity is sincerely held as part of a person's core identity; provided, however, that gender identity shall not be asserted for any improper purpose. This includes situations in which the individual poses a direct threat to the health or safety of the individual or others in the workplace.
A no cause determination is a final determination ending the administrative process and provides the charging party with a corresponding Delaware Right to Sue Notice. Accommodations available under this subchapter 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.
A reasonable cause determination requires the parties' good faith efforts in conciliation. For any employment-related purpose, fail or refuse to treat an employee or applicant for employment that the employer knows or should know is affected by pregnancy as well as the employer treats or would treat any other employee or applicant not so affected but similar in the ability or inability to work, without regard to the source of any condition affecting the other employee's or applicant's ability or inability to work; b.
Fail or refuse to make reasonable accommodations to the known limitations related to the pregnancy of an applicant for employment or employee, unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such employer; c. Require an applicant for employment or employee affected by pregnancy to accept an accommodation that such applicant or employee chooses not to accept, if such applicant or employee does not have a known limitation related to pregnancy or if such accommodation is unnecessary for the applicant or employee to perform the essential duties of her job; e.
Require an employee to take leave under any leave law or policy of the employer if another reasonable accommodation can be provided to the known limitations related to the pregnancy of the employee; or f. The public employer shall consider the following factors in its hiring decision: a. The nature and gravity of the offense or conduct; b.
The nature of the job held or sought.
The Department shall endeavor to eliminate unlawful discrimination in employment through its administrative process set forth below. This subchapter shall afford the sole remedy for claims alleging a violation of this chapter to the exclusion of all other remedies. The Department shall serve a copy of the verified charge of discrimination upon the named respondent by certified mail.
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The respondent may file an answer within 20 days of its receipt, certifying that a copy of the answer was mailed to the charging party at the address provided. The preliminary findings may recommend: a. Dismissing the charge unless additional information is received which warrants further investigation; b. Referring the case for mediation requiring the parties' appearance; or c.
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Referring the case for investigation. All cases resulting in a "reasonable cause" determination will require the parties to appear for compulsory conciliation. All cases resulting in a "no cause" determination will receive a corresponding Delaware Right to Sue Notice.
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This provision does not apply to disclosures made to the parties, their counsel, or witnesses where disclosure is deemed necessary or appropriate. Nothing said or done during and as a part of the mediation or conciliation efforts may be made public by the Department, its officers or employees or used by any party as evidence in a subsequent proceeding without the written consent of the persons concerned.
Once the Department has issued its preliminary findings pursuant to paragraph c 2 of this section, the Department, in its discretion, may grant a Delaware Right to Sue Notice to a charging party. Laws, c. A charging party is barred by this election of remedies from filing cases in both Superior Court and the federal forum.
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If the charging party files in Superior Court and in a federal forum, the respondent may file an application to dismiss the Superior Court action under this election of remedies provision. Superior Court may excuse a charging party who has complied with the compulsory conciliation provisions of this chapter from the compulsory arbitration provisions of Superior Court rule. In writing to new employees at the commencement of employment; b. Orally or in writing to existing employees by January 7, ; and c. Orally or in writing to any employee who notifies the employer of her pregnancy within 10 days of such notification.
All Rights Reserved. Connect With Us! Quick Links. Login Request Login. Toggle navigation. Connect with Us! Federal Workplace Law. Are the breaks paid or unpaid? Who is covered by the law? What if your state already has a law? Who is in charge of enforcing the law? What are the benefits to employers? How should you prepare to go back to work? How should you talk to your employer about nursing breaks? What does the undue hardship exemption mean for employees?
What are the space requirements? How much time is "reasonable"?
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How often can you pump during the workday? How long do you have the right to pump at work? How should you store your breast milk? What equipment and supplies do you need? What are creative solutions for break time and space? What do you do if your employer refuses to comply? Where should you go for help? How else does the Affordable Care Act impact breastfeeding families? What other resources are available? Sections 2. See 40 CFR Section 1. Section 4. Section 8. Section 9. PM 10 and PM 2. Remove the requirement of 2.
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