Delaware has passed a series of laws that will prohibit employers from discriminating against individuals because of their family responsibilities, their reproductive health decisions, or for discussing their wages with co-workers.
Effective Date: June 30, 2016 (HB 314) and December 30, 2016 (to HB 316 and HB 317)
Coverage: Delaware employers with at least four employees.
Action Required: Delaware employers should review their policies and practices and ensure compliance with the new laws.
Delaware has passed a series of laws that will prohibit employers from discriminating against individuals because of their family responsibilities, their reproductive health decisions, or for discussing their wages with co-workers. The laws apply to employers with four or more employees. Two of the laws are effective December 30, 2016, and one is effective immediately.
House Bill 314: Pay Discussions
Delaware recently enacted House Bill 314, which is currently in effect. This law prohibits employers from barring employees from discussing their wages with co-workers. It also forbids employers from taking adverse action against employees who discuss their wages with other employees. The law does not require employers (or an employee) to disclose an employee’s wages.
House Bill 316: Reproductive Health Decisions
House Bill 316 was passed on June 30, 2016. It prohibits employers from refusing to hire, discharging, or otherwise discriminating against any individual with respect to compensation, terms, conditions, or privileges of employment because of a reproductive health decision made by that individual. A reproductive health decision is defined as any decision 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. HB 316 will take effect on December 30, 2016.
House Bill 317: Family Responsibility Discrimination
Effective December 30, 2016, covered Delaware employers cannot refuse to hire, discharge, limit, segregate, classify, or otherwise discriminate against any individual because of the individual’s family responsibilities. Family responsibilities are the employee’s obligations to care for any family member who would qualify as a covered family member under the Family and Medical Leave Act (a spouse, child, or parent).
The law does not create an obligation for an employer to make special accommodations for an employee with family responsibilities, so long as all policies related to leave, scheduling, absenteeism, work performance, and benefits are applied in a non-discriminatory manner. Delaware employers should review their policies and practices and ensure compliance with these new laws.
As always, please be sure to contact your Human Resources Business partner if you have any questions.