Knowledge — 3 months ago

Delaware Employment Law Explained in Full

by Keren P.

Delaware Employment Law, Delaware Employment Laws

Delaware Employment Laws: What are Employment Laws in Delaware?

Irrespective of whether you are an employer or an employee in the state of Delaware, it makes sense to be aware of the employment laws in the state.

The DDEA (Delaware Discrimination in Employment Act) and the PDEPA (Persons with Disabilities Employment Protections Act) restrict all employers with a minimum of 4 employees in the state of Delaware from differentiating by some factors such as:

  • Religion
  • Race
  • Age
  • Color
  • Genetic information
  • Marital status
  • National origin
  • Sexual orientation
  • Gender identity
  • Childbirth, pregnancy and associated medical conditions
  • Status as a sufferer of stalking, sexual assault, and domestic violence
  • Disability
  • National origin
  • Sexual orientation
  • Gender identity
  • Sex
  • Caregiving responsibilities
  • Reproductive healthcare decisions

Additionally, sexual harassment is prohibited by DDEA. Both these laws restrict employers from taking retaliatory actions against employees just because the later had stood up against a discriminatory practice or helped in any manner in any hearing or investigation to enforce the PDEPA or DDEA.

Delaware Employment Law

Pregnancy accommodation in Delaware

The DDEA states that an employer has to offer reasonable accommodation to his/her employees for health conditions such as childbirth or pregnancy. Some instances of reasonable accommodations are as follows:

  • Light-duty assignment
  • Restructuring of jobs
  • Help with manual labor
  • Longer periodic or more frequent rest or breaks
  • Suitable seating arrangement
  • Personnel file access
  • Appropriate break time
  • Time for recovery from childbirth
  • Transfer to less-hazardous or less-strenuous work temporarily
  • Revised work schedule

Employees in the state have the right to look at their personnel records. Employers should also make these files accessible during regular office hours and adequate time is made available to inspect them on any regular business day.


Whistleblower Protections in Delaware

The Whistleblowers’ Protection Act of Delaware safeguards the interests of employees about employer violations of environmental, safety and health hazards, accounting, or financial standards. Employers in the state should not threaten, terminate, or differentiate against employees because they:

  • Reported incidents of violation to their employers
  • Refused to help in any commission of a breach
  • Took part in any investigation conducted by a court or a public body on a violation
  • Planned to report or report incidents of abuse to public authorities

However, the local, state and federal laws can overlap one another. In such a scenario, the law that offers the highest set of benefits for the employees will be applicable.

Delaware Employment Laws
Equal pay in Delaware

The Wage Payment & Collection Act in Delaware restricts employers from paying a different set of wages to his/her female and male employees when the job requires equal responsibility, effort, and skill sets, which should be accomplished under similar kinds of working conditions. However, employers can distinguish wages by the following factors:

  • Merit system
  • Seniority system
  • Discussion of payments
  • Any factor apart from gender
  • System, which measures earnings by product quality or quantity

On the other hand, employers may not do the following under the DDEA:

  • Compel employees to waive their rights of discussion or disclosure of their wages
  • Force their employees to avoid divulging or discussion of their wage or wages of other employees as a term of employment
  • Differentiate, discipline, or terminate against their employees merely because they enquired about or divulged the wages of the other employees in the same company or their wages.

There are some requirements for meal breaks, minimum wage, child labor, and breastfeeding breaks in the state of Delaware.

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