HB 184 — AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO DISCRIMINATION IN EMPLOYMENT.

Romer HOUSE& OFSen. REPRESENTATIVES 152nd GENERAL ASSEMBLY HOUSE AMENDMENT NO.

1Townsend TOReps. HOUSE BILL NO.

184Baumbach, AMENDDorsey HouseWalker, BillGriffith, No.Heffernan, Hilovsky, Longhurst, Matthews, Neal, Phillips, K.

184Williams, byWilson-Anton; deleting line 8 in its entirety and inserting in lieu thereof the following:

“andSens. for which an employer may request verification by an official document from a domestic violence service provider, medical provider, mental”.

FURTHERGay, AMENDHansen, HouseHoffner, BillS. No.

184McBride, byWalsh deletingHOUSE lineOF 13REPRESENTATIVES in152nd itsGENERAL entiretyASSEMBLY andHOUSE insertingBILL inNO. lieu thereof the following:

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“responsibilitySection to1. provide the reliable statement from the reliable third party.

andAmend forChapter which7, anTitle employer19 mayof requestthe verificationDelaware Code by anmaking official”.deletions as shown by strike through and insertions as shown by underline as follows:

SYNOPSIS§ This710. amendment clarifies that the employer has the option to request verification from the employee in order for the employee to receive accommodations.

Definitions.

For the purposes of this subchapter:

(5) “Domestic violence” means the same as defined in any act that would constitute a violation of § 1041 of Title 10, verified by an official document, such as a court order, or by a reliable third-party professional, including a law-enforcement agency or officer, a domestic violence or domestic abuse service provider, or health-care provider.

and may be verified by an official document from a domestic violence service provider, medical provider, mental health provider, law enforcement, court order, or family medical leave.

(27) “Sexual offense” means the same as defined in any act that would constitute a violation of § 761 of Title 11, verified by an official document, such as a court order, or by a reliable third-party professional, including a law- enforcement agency or officer, a domestic violence or domestic abuse service provider, or health-care provider.

and may be verified by an official document from a sexual violence service provider, medical provider, mental health provider, law enforcement, court order, or family medical leave.

(29) “Stalking” means the same as in any act that would constitute a violation of § 1312 of Title 11, verified by an official document, such as a court order, or by a reliable third-party professional, including a law-enforcement agency or officer, a sexual assault service provider, or health-care provider.

It is the sexual assault or stalking victim’s responsibility to provide the reliable statement from the reliable third party.

and may be verified by an official document from a crime victim service provider, medical provider, mental health provider, law enforcement, court order, or family medical leave.

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06/21/202305/31/2023 02:0304:01 PM 3501520169SYNOPSIS Delaware law expressly prohibits employment discrimination based upon surviving domestic violence, sexual assault, or stalking.

Such discrimination includes:

(1) failing or refusing to hire or discharging an employee because the individual was a victim of domestic violence, sexual offense, or stalking;

or (2) failing or refusing to make reasonable accommodations to the limitations known to the employer and related to domestic violence, a sexual offense, or stalking.

Current statute requires the victim of domestic violence, sexual assault, or stalking to provide verification to their employer.

This bill provides employers with the option to require verification in order to receive accommodations.

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NSW :

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05/31/2023 04:01 PM 3501520064