Richards Layton & Finger
 

Greater Protections for Delaware Employees = Additional Training and Awareness for Management

Summer 2016

Delaware’s 148th General Assembly recently enacted legislation that expands the landscape of protections afforded to employees and applicants for employment under Delaware law. Prior to the new legislation, Delaware law, similar to federal law, provided protections for applicants and employees based on the protected classes of race, color, age, religion, sex, and disability. As one of the more progressive states, Delaware law also provided protection for employees and applicants based upon their genetic information, gender identity, sexual orientation, volunteer fire fighter status, and their status as victims of stalking, domestic violence, or sexual assault. The new legislation provides even further protection and includes additional classes of protection, including protection related to an employee’s or applicant’s reproductive health decisions and family caregiving responsibilities. In addition to enacting this expanded coverage, the General Assembly passed laws on wage disclosure and clarified that workers’ compensation is an exclusive remedy for on-the-job injuries with limited specific exceptions, among other employment-related legislation. The following summary of the new employment laws in Delaware will help management in any Delaware business be prepared to comply. Compliance typically begins first with training all management employees.