A bill pending in the Delaware legislature would expand the state’s anti-discrimination statute. House Bill 4 would prohibit discrimination on the basis of domestic violence, sexual offense, or stalking. If passed, the bill would have important implications for Delaware employers. Here’s what you need to know. Continue reading
Category Archives: Discrimination
Guidance for Employers from Abercrombie
By Barry M. Willoughby
At our recent Annual Seminar, we discussed, EEOC v. Abercrombie & Fitch Stores, Inc., an action involving alleged religious discrimination in connection with a refusal to hire that was then pending before the U.S. Supreme Court. Attendees at the seminar will recall that the case involved an applicant for employment at Abercrombie who was turned down based on the Company’s “look policy,” because she wore a head scarf. Although the interview for this position did not involve any discussion of whether the applicant wore the scarf for religious reasons, and/or whether she would require an accommodation to allow her to wear the scarf while at work, the EEOC investigation established that the company’s representatives believed that the applicant was wearing the scarf for religious reasons and refused to hire her on that basis. Continue reading
Delaware, Ahead of the (Pregnancy) Curves
By Lauren E.M. Russell
In Young v. United Parcel Service, Inc., the Supreme Court interpreted the language of the federal Pregnancy Discrimination Act, which requires that employers treat pregnant employees in the same manner as other individuals who are similarly limited in their abilities. Among the Court’s conclusions is that a policy that provides job-related accommodations to those who are injured on the job and those who have disabilities governed by the Americans with Disabilities Act may also have to be extended to pregnant employees with physical restrictions. The decision opens a lot of questions, but Delaware employers may have a leg up in compliance! Continue reading
Understanding Gender-Identity Discrimination
This article was written by Lauren Moak Russell.
This has been a month of major changes in the employment law landscape in Delaware. In addition to the Supreme Court’s three major decisions affecting employment law (addressing retaliation and harassment under Title VII, and the constitutionality of the federal Defense of Marriage Act) and the legalization of gay marriage, Delaware also passed a law prohibiting employment and other types of discrimination on the basis of an individual’s gender identity. Here is what Delaware employers need to know about the new statute. Continue reading
People First Language: Delaware Legislation Gets It Right
Delaware’s General Assembly has passed a law “relating to the removal of insensitive and offensive language.” When I first saw the title of this Act, I admit, I was alarmed that our State’s legislature was banning profanity in some context. I was relieved to read the text of the law, though, and learn exactly what it actually does provide. Continue reading
Yes, Employers, Words Really Do Matter
It’s easy to underestimate the power of words. Many supervisors fail to appreciate the importance of the words used in a performance review or evaluation, corrective action, termination letter, or other employment-related document. But it can go beyond the obvious instances. Continue reading
New Laws Gives New Rights Delaware First Responders
Delaware extended employment rights to volunteer firefighters and other first responders who must miss work due to emergencies or injuries sustained while providing volunteer rescue services. Continue reading
