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Employment Discrimination – Familial Responsibilities

On June 30, 2016, Delaware Governor Jack Markell signed legislation (H.B. 317) amending state law regarding discrimination in employment. The bill makes it an unlawful employment practice for an employer to fail or refuse to hire or to discharge any individual or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment because of the individual’s family responsibilities. Family responsibilities means the state of being, or the potential to become, a contributor to the support of a person or persons in a dependent relationship, irrespective of their number, including the state of being the subject of an order of withholding or similar proceedings for the purpose of paying child support or a debt related to child support.

The law went into effect upon signing.

Read DE H.B. 317

Employment Discrimination – Reproductive Health Decisions

On June 30, 2016, Delaware Governor Jack Markell signed legislation (H.B. 316) amending state law regarding discrimination in employment. The bill makes it an unlawful employment practice

for an employer to fail or refuse to hire or to discharge any individual or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment because of a reproductive health decision by the individual. Reproductive health decision means any decision by an employee, an employee’s dependent, or an employee’s spouse related to the use or intended use of a particular drug, device, or medical service, including the use or intended use of contraception or fertility control or the planned or intended initiation or termination of a pregnancy.

Delaware laws currently prohibit discrimination on the basis of sex or pregnancy; however, this bill makes it clear that an employer is expressly prohibited from taking adverse employment action against an individual based on his or her reproductive health care decisions. This bill does not create any new obligations or change any existing obligations related to insurance coverage of reproductive health care.

The law went into effect upon signing.

Read DE H.B. 316

Employment Discrimination – Wage Disclosure

On June 30, 2016, Delaware Governor Jack Markell signed legislation (H.B. 314) amending state law regarding discrimination in employment. The bill makes it an unlawful employment practice for an employer to require an employee not to disclose his or her wages.

The law went into effect upon signing.

Read DE H.B. 314

Unemployment Insurance

On June 28, 2016, Delaware Governor Jack Markell signed legislation (H.B. 160) amending the state’s unemployment compensation law. The bill clarifies that the Division of Unemployment Insurance is authorized to collect unpaid claimant overpayments of benefits and unpaid employer unemployment tax assessments through offset by interception of state and federal tax refunds due to the claimant or employer, as already authorized for state tax refunds, and as both authorized and required as a condition of receipt of federal unemployment compensation funds, in the case of certain overpayments and assessments.

The law went into effect upon signing.

Read DE H.B. 160