Petty v. University of Delaware
Supreme Court of Delaware
450 A.2d 392 (Del. 1982)
Mercedes Petty (plaintiff), a University of Delaware (defendant) custodial worker with six years' experience, developed pregnancy complications requiring medical restrictions against lifting, climbing, or prolonged standing -- all essential to her custodial duties -- and, lacking any secretarial or other qualifying skills, was placed on unpaid maternity leave because the University found no other suitable position. Her claim for unemployment-compensation benefits was denied by the state appeal board, and the superior court affirmed.
Whether, under Delaware employment law, an employee who is not available to perform any job for which she is qualified is eligible for unemployment-compensation benefits.