This section contains the nature of the case and procedural background.

P experienced bleeding problems associated with her pregnancy. P's physician advised her not to 'lift, climb or stand for prolonged periods.' A letter was sent to the University (D), P’s employer recommending that she be moved to another department. For the prior six years, P's job classification required her to perform 'heavy cleaning tasks' ranging from sweeping, vacuuming, and window washing to moving furniture and handling bulk trash. D determined that P could not continue in her custodial work. D also determined there was no other position available for which she was qualified. D placed P on a maternity leave of absence without pay. P applied for State unemployment compensation benefits. The application was initially denied but later approved by a referee, and finally denied by the Delaware Unemployment Insurance Appeal Board. The Board ruled that P was 'not able to perform any job for which she was qualified and [thus] is ineligible for benefits until her medical restrictions are lifted.' P applied for State unemployment compensation benefits. The application was initially denied but later approved by a referee, and finally denied by the Delaware Unemployment Insurance Appeal Board. The Board ruled that P was 'not able to perform any job for which she was qualified and [thus] is ineligible for benefits until her medical restrictions are lifted.' The Board's ruling was based on its construction of 19 Section 3314(3) which provides in pertinent part: 'An unemployed individual shall be eligible to receive benefits with respect to any week only if the Commission finds that he: . . . .(3) Is able to work, and is available for work, and is actively seeking work . . . .'

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