Delaware



Public Breastfeeding Law

§ 310. Breast-feeding.

Notwithstanding any provisions of law to the contrary, a mother shall be entitled to breast-feed her child in any location of a place of public accommodation wherein the mother is otherwise permitted.

Enforcement Provision

None

Workplace Pumping Law

Updated September 2014

“Reasonable accommodation” has the meaning given this term in § 722 of this title, except that all references to disability shall instead be references to known limitations of a person related to pregnancy, childbirth, or a related condition. Accommodations available under this subchapter may include, but are not limited to, acquisition of equipment for sitting, more frequent or longer breaks, periodic rest, assistance with manual labor, job restructuring, light duty assignments, modified work schedules, temporary transfers to less strenuous or hazardous work, time off to recover from childbirth, or break time and appropriate facilities for expressing breast milk.

Enforcement Provision

Updated September 2014

Must file complaint with Delaware Department of Labor.

§ 715 Judicial remedies; civil penalties.

Superior Court shall have jurisdiction over all proceedings brought by the charging party pursuant to § 714 of this title. Superior Court may excuse a charging party who has complied with the compulsory conciliation provisions of this chapter from the compulsory arbitration provisions of Superior Court rule.

(1) Superior Court shall have the authority to provide the following relief, including but not limited to:

a. Order the respondent to cease and desist or modify its existing employment policies;

b. Order the respondent to hire, reinstate or promote the charging party;

c. Order the payment of compensatory damages, including but not limited to general and special damages, punitive damages when appropriate, not to exceed the damage awards allowable under Title VII of the Civil Rights Act of 1964 [42 U.S.C. § 2000e et seq.], as amended, provided that for the purposes of this subchapter, employers with 4-14 employees shall be treated under Title VII’s damage award as an employer having under 50 employees; and

d. Order the costs of litigation and reasonable attorney’s fees to the prevailing party.

(2) In any action brought by the Department for violation of the retaliation provision of § 711(f) of this title, the Court shall fine the employer not less than $1,000 nor more than $5,000 for each violation, in addition to any liability for damages.



5 Responses to “Delaware”

  1. America Martinez says:

    Is it leagal for sum one to ask u to cover up or to move to a other room to breastfeed

    • admin says:

      Please read the articles on the website to understand the rights of the owner of a public accommodation to withdraw someone’s “invitation,” thus making her a trespasser.

    • admin says:

      Please read the articles on the website to understand the rights of the owner of a public accommodation to withdraw someone’s “invitation,” thus making her a trespasser.

  2. Missy says:

    This info is outdated our governor just updated this and signed a new law into effect that protects nursing mommas and allows them to pump and work with out penalty. You mAy want to update this info :-)

    • admin says:

      Well that slipped right by me and I am in Pennsylvania. Gave it a quick read and wonder what specific accommodations there will be for breastfeeding. But putting it up now. Thanks!