(1) "Age" as used in this subchapter means the age of 40 or more years of age.
(2) "Charging party" means any individual or the Department who initiates proceedings by the filing of a verified charge of
discrimination, and who preserves a cause of action in Superior Court by exhausting the administrative remedies pursuant to
the provisions of § 714 of this title.
(3) "Conciliation" for the purposes of this chapter refers to a process which requires the appearance of the parties after
a full investigation resulting in a final determination of reasonable cause.
(4) "Delaware Right to Sue Notice" for the purposes of this chapter refers to a final acknowledgement of the charging party's
exhaustion of the administrative remedies provided herein and written notification to the charging party of a corresponding
right to commence a lawsuit in Superior Court.
(5) "Employee" means an individual employed by an employer, but does not include:
a. Any individual employed in agriculture or in the domestic service of any person,
b. Any individual who, as a part of that individual's employment, resides in the personal residence of the employer,
c. Any individual employed by said individual's parents, spouse or child, or
d. Any individual elected to public office in the State or political subdivision by the qualified voters thereof, or any person
chosen by such officer to be on such officer's personal staff, or an appointee on the policy making level or an immediate
advisor with respect to the exercise of the constitutional or legal powers of the office. The exemption set forth in the preceding
sentence shall not include employees subject to the merit service rules or civil service rules of the state government or
political subdivision.
(6) "Employer" means any person employing 4 or more employees within the State at the time of the alleged violation, including
the State or any political subdivision or board, department, commission or school district thereof. The term "employer" with
respect to discriminatory practices based upon sexual orientation does not include religious corporations, associations or
societies whether supported, in whole or in part, by government appropriations, except where the duties of the employment
or employment opportunity pertain solely to activities of the organization that generate unrelated business taxable income
subject to taxation under § 511(a) of the Internal Revenue Code of 1986 [26 U.S.C. § 511(a)].
(7) "Employment agency" means any person regularly undertaking with or without compensation to procure employees for an employer
or to procure for employees opportunities to work for an employer and includes an agent of such a person.
(8) "Genetic information" for the purpose of this chapter means the results of a genetic test as defined in § 2317(a)(3) of
Title 18.
(9) "Job related and consistent with business necessity" means the condition in question renders the individual unable to
perform the essential functions of the position that such individual holds or desires. This includes situations in which the
individual poses a direct threat to the health or safety of the individual or others in the workplace.
(10) "Labor organization" includes any organization of any kind, any agency or employee representation committee, group, association
or plan so engaged in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers
concerning grievances, labor disputes, wages, rates of pay, hours or other terms or conditions of employment, any conference,
general committee, joint or system board or joint council so engaged which is subordinate to a national or international labor
organization.
(11) "Mediation" for the purposes of this chapter refers to an expedited process for settling employment disputes with the
assistance of an impartial third party prior to a full investigation.
(12) "No cause determination" means that the Department has completed its investigation and found that there is no reasonable
cause to believe that an unlawful employment practice has occurred or is occurring. A no cause determination is a final determination
ending the administrative process and provides the charging party with a corresponding Delaware Right to Sue Notice.
(13) "Person" includes 1 or more individuals, labor unions, partnerships, associations, corporations, legal representatives,
mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy or receivers.
(14) "Reasonable cause determination" means that the Department has completed its investigation and found reasonable cause
to believe that an unlawful employment practice has occurred or is occurring. A reasonable cause determination requires the
parties' good faith efforts in conciliation.
(15) "Religion" as used in this subchapter includes all aspects of religious observance and practice, as well as belief, unless
an employer demonstrates that the employer is unable to reasonably accommodate an employee's or prospective employee's religious
observance or practice without undue hardship on the conduct of the employer's business.
(16) "Respondent" means any person named in the Charge of Discrimination, including but not limited to employers, employment
agencies, labor organizations, joint labor-management committees, controlling apprenticeship or other training programs including
on-the-job training programs.
(17) "Secretary" means the Secretary of the Department of Labor or the Secretary's designee.
(18) "Sexual orientation" exclusively means heterosexuality, homosexuality, or bisexuality.
19 Del. C. 1953, § 710; 58 Del. Laws, c. 285; 62 Del. Laws, c. 97, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 457, § 2; 74 Del. Laws, c. 356; 77 Del. Laws, c. 90, §§ 15, 16.;
(a) It shall be an unlawful employment practice for an employer to:
(1) Fail or refuse to hire or to discharge any individual or otherwise to discriminate against any individual with respect
to compensation, terms, conditions or privileges of employment because of such individual's race, marital status, genetic
information, color, age, religion, sex, sexual orientation, or national origin; or
(2) Limit, segregate or classify employees in any way which would deprive or tend to deprive any individual of employment
opportunities or otherwise adversely affect the individual's status as an employee because of such individual's race, marital
status, genetic information, color, age, religion, sex, sexual orientation, or national origin.
(b) It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment or otherwise
to discriminate against any individual because of race, marital status, genetic information, color, age, religion, sex, sexual
orientation, or national origin or to classify or refer for employment any individual on the basis of race, marital status,
genetic information, color, religion, age, sex, sexual orientation, or national origin.
(c) It shall be an unlawful employment practice for a labor organization to:
(1) Exclude or expel from its membership or otherwise to discriminate against any individual because of race, marital status,
genetic information, color, age, religion, sex, sexual orientation, or national origin;
(2) Limit, segregate or classify its membership or to classify or fail or refuse to refer for employment any individual in
any way which would deprive or tend to deprive any individual of employment opportunities or would limit such employment opportunities
or otherwise adversely affect the individual's status as an employee or as an applicant for employment because of such individual's
race, marital status, genetic information, color, age, religion, sex, sexual orientation, or national origin; or
(3) Cause or attempt to cause an employer to discriminate against an individual in violation of this section.
(d) It shall be an unlawful employment practice for any employer, labor organization or joint labor-management committee controlling
apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any individual
because of race, marital status, genetic information, color, age, religion, sex, sexual orientation, or national origin in
admission to or employment in any program established to provide apprenticeship or other training.
(e) It shall be an unlawful employment practice for an employer, employment agency, labor union or joint labor-management
committee controlling apprenticeship or other training or retraining, including on the job training programs to intentionally
collect, directly or indirectly, any genetic information concerning any employee or applicant for employment, or any member
of their family, unless:
(1) It can be demonstrated that the information is job-related and consistent with business necessity; or
(2) The information or access to the information is sought in connection with the retirement policy or system of any employer
or the underwriting or administration of a bona fide employee welfare or benefit plan.
(f) It shall be an unlawful employment practice for any employer, employment agency, labor organization or joint labor-management
committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discharge,
refuse to hire or otherwise discriminate against any individual or applicant for employment or membership on the basis of
such person's race, marital status, color, age, religion, sex, sexual orientation, or national origin, because such person
has opposed any practice prohibited by this subchapter or because such person has testified, assisted or participated in any
manner in an investigation, proceeding, or hearing to enforce the provisions of this subchapter.
(g) Notwithstanding any other provision of this subchapter:
(1) It shall not be an unlawful employment practice for an employer to hire and employ employees, for an employment agency
to classify or refer for employment any individual, for a labor organization to classify its membership or to classify or
refer for employment any individual or for an employer, labor organization or joint labor-management committee controlling
apprenticeship or other training or retraining programs to admit or employ any individual in any such program on the basis
of religion, genetic information, age, sex, sexual orientation, or national origin in those certain instances where religion,
genetic information, age, sex, sexual orientation, or national origin is a bona fide occupational qualification reasonably
necessary to the normal operation of that particular business or enterprise; and
(2) It shall not be an unlawful employment practice for a school, college, university or other educational institution or
institution of learning to hire and employ employees of a particular religion if such school, college, university or other
educational institution or institution of learning is, in whole or in substantial part, owned, supported, controlled or managed
by a particular religion or by a particular religious corporation, association or society or if the curriculum of such school,
college, university or other educational institution or institution of learning is directed toward the propagation of a particular
religion.
(h) Notwithstanding any other provision of this subchapter, it shall not be an unlawful employment practice for an employer
to apply different standards of compensation or different terms, conditions or privileges of employment pursuant to a bona
fide seniority or merit system or a system which measures earnings by quantity or quality of production or to employees who
work in different locations, provided that such differences are not the result of an intention to discriminate because of
race, marital status, genetic information, color, age, religion, sex, sexual orientation, or national origin, nor shall it
be an unlawful employment practice for an employer to give and to act upon the results of any professionally developed ability
test provided that such test, its administration or action upon the results is not designed, intended or used to discriminate
because of race, marital status, genetic information, color, religion, age, sex, sexual orientation, or national origin.
(i) Nothing contained in this subchapter as it applies to discrimination because of age or sex shall be interpreted to affect
or interfere with the retirement policy or system of any employer or the underwriting or administration of a bona fide employee
welfare or benefit plan, provided that such policy, system or plan is not merely a subterfuge to evade the purpose of this
subchapter.
(j)(1) Nothing in this subchapter shall be construed to prohibit compulsory retirement of any employee who has attained 65
years of age, and who, for the 2-year period immediately before retirement, is employed in a bona fide executive or a high
policy-making position, if such employee is entitled to an immediate nonforfeitable annual retirement benefit from a pension,
profit sharing, savings or deferred compensation plan, or any combination of such plans, of the employer of such an employee,
which equals, in the aggregate, at least $44,000.
(2) In applying the retirement benefit test of paragraph (1) of this subsection, if any such retirement benefit is in a form
other than a straight life annuity (with no ancillary benefits), or if employees contribute to any such plan or make rollover
contributions, such benefit shall be adjusted in accordance with regulations prescribed by the Secretary, United States Department
of Labor, pursuant to 29 U.S.C. § 631(c)(2), so that the benefit is the equivalent of a straight life annuity (with no ancillary
benefits) under a plan to which employees do not contribute and under which no rollover contributions are made.
(k) Nothing in this subchapter shall be interpreted to require employers to offer health, welfare, pension or other benefits
to persons associated with employees on the basis as such benefits are afforded to the spouses of married employees.
19 Del. C. 1953, § 711; 58 Del. Laws, c. 285; 62 Del. Laws, c. 97, § 2; 64 Del. Laws, c. 333, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 457, §§ 3, 4; 74 Del. Laws, c. 356; 77 Del. Laws, c. 90, §§ 17-19.;
§ 712. Enforcement provisions; powers of the Department; administrative process.
(a) The Department of Labor is empowered, as hereinafter provided, to prevent any person from engaging in any unlawful employment
practice as set forth in §§ 711, 723 and 724 of this title. In connection with the performance of its duties, the Department
may:
(1) Investigate employment practices by permitting the Department to enter any place of employment at reasonable times; inspect
and copy records or documents in the possession of the employer, the employment agency or labor organization; administer oaths,
certify to official acts, take and cause to be taken depositions of witnesses; issue subpoenas compelling the attendance and
testimony of witnesses and the production of papers, books, accounts, payrolls, documents, and records;
(2) Make, revise or rescind such rules or regulations necessary or appropriate to administer or enforce this chapter in accordance
with the provisions of § 10161(b) of Title 29;
(3) Commence civil actions in Superior Court for violations of this chapter, any published regulations or for civil penalties
provided herein.
(b) The Department shall have jurisdiction over all cases arising under this chapter, affording review and oversight of employment
practices in Delaware. The Department shall endeavor to eliminate unlawful discrimination in employment through its administrative
process set forth below. This subchapter shall afford the sole remedy for claims alleging a violation of this chapter to the
exclusion of all other remedies. Upon termination of the administrative process by the Department, the charging party may
institute a civil action in Superior Court of the State of Delaware pursuant to §§ 714 and 715 of this title.
(c) The administrative process requires the following:
(1) Statute of limitation and filing procedure. -- Any person claiming to be aggrieved by a violation of this chapter shall
first file a charge of discrimination within 120 days of the alleged unlawful employment practice or its discovery, setting
forth a concise statement of facts, in writing, verified and signed by the charging party. The Department shall serve a copy
of the verified charge of discrimination upon the named respondent by certified mail. The respondent may file an answer within
20 days of its receipt, certifying that a copy of the answer was mailed to the charging party at the address provided.
(2) Preliminary findings and recommendations. -- The Department shall review the submissions within 60 days from the date
of service upon the respondent and issue preliminary findings with recommendations. The preliminary findings may recommend:
a. Dismissing the charge unless additional information is received which warrants further investigation;
b. Referring the case for mediation requiring the parties' appearance; or
c. Referring the case for investigation.
(3) Final determinations upon completion of investigation. -- After investigation, the Department shall issue a determination
of either "reasonable cause" or "no reasonable cause" to believe that a violation has occurred or is occurring. All cases
resulting in a "reasonable cause" determination will require the parties to appear for compulsory conciliation. All cases
resulting in a "no cause" determination will receive a corresponding Delaware Right to Sue Notice.
(4) Confidentiality of the Department's process. -- The Department shall not make public the charge of discrimination or information
obtained during the investigation of a charge. This provision does not apply to disclosures made to the parties, their counsel,
or witnesses where disclosure is deemed necessary or appropriate. Nothing said or done during and as a part of the mediation
or conciliation efforts may be made public by the Department, its officers or employees or used by any party as evidence in
a subsequent proceeding without the written consent of the persons concerned.
(5) End of administrative process. -- In all cases where the Department has dismissed the charge, issued a no cause determination
or upon the parties failed conciliation efforts, the Department shall issue a Delaware Right to Sue Notice, acknowledging
the Department's termination of the administrative process. Once the Department has issued its preliminary findings pursuant
to subsection (2), the Department, in its discretion, may grant a Delaware Right to Sue Notice to a charging party.
19 Del. C. 1953, § 712; 58 Del. Laws, c. 285; 66 Del. Laws, c. 337, §§ 3, 4; 67 Del. Laws, c. 260, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 356.;
§ 713. Civil action by the Attorney General; complaint.
(a) Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern
or practice of resistance to the full enjoyment of any of the rights secured by this subchapter or subchapter III of this
chapter and that the pattern or practice is of such a nature and is intended to deny the full exercise of the rights herein
described, the Attorney General may bring a civil action in the Court of Chancery by filing with it a complaint:
(1) Signed by the Attorney General (or in the Attorney General's absence the Chief Deputy Attorney General);
(2) Setting forth facts pertaining to such pattern or practice; and
(3) Requesting such relief, including an application for a permanent or temporary injunction, restraining order or other order
against the person or persons responsible for such pattern or practice, as the Attorney General deems necessary to insure
the full enjoyment of the rights herein described.
(b) The Court of Chancery shall have jurisdiction over proceedings brought pursuant to this section.
19 Del. C. 1953, § 713; 58 Del. Laws, c. 285; 66 Del. Laws, c. 337, § 5; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 356.;
§ 714. Civil action by the charging party; Delaware Right to Sue Notice; election of remedies.
(a) A charging party may file a civil action in Superior Court, after exhausting the administrative remedies provided herein
and receipt of a Delaware Right to Sue Notice acknowledging same.
(b) The Delaware Right to Sue Notice shall include authorization for the charging party to bring a civil action under this
chapter in Superior Court by instituting suit within 90 days of its receipt or within 90 days of receipt of a federal Right
to Sue Notice, whichever is later.
(c) The charging party shall elect a Delaware or federal forum to prosecute the employment discrimination cause of action
so as to avoid unnecessary costs, delays and duplicative litigation. A charging party is barred by this election of remedies
from filing cases in both Superior Court and the federal forum. If the charging party files in Superior Court and in a federal
forum, the respondent may file an application to dismiss the Superior Court action under this election of remedies provision.
74 Del. Laws, c. 356.;
§ 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.
74 Del. Laws, c. 356.;
§ 716. Posting of notices; penalties.
(a) Every employer, employment agency and labor organization, as the case may be, shall post and keep posted in conspicuous
places upon its premises where notices to employees, and applicants for employment are customarily posted, a notice to be
prepared or approved by the Department setting forth excerpts from or summaries of the pertinent provisions of this subchapter
and subchapter III of this chapter and information pertinent to the filing of a complaint.
(b) A wilful violation of this section shall be punishable by a fine of not more than $100 for each separate offense.
19 Del. C. 1953, § 716; 58 Del. Laws, c. 285; 66 Del. Laws, c. 337, § 8; 74 Del. Laws, c. 356.;
§ 717. Veterans' special rights or preference.
Nothing contained in this subchapter or subchapter III of this chapter shall be construed to repeal or modify any state or
local law creating special rights or preferences for veterans.
19 Del. C. 1953, § 717; 58 Del. Laws, c. 285; 66 Del. Laws, c. 337, § 9; 74 Del. Laws, c. 356.;
§ 718. Short title, effective date, savings clause.
(a) This subchapter may be cited as the "Discrimination in Employment Act."
(b) This subchapter shall become effective September 10, 2004.
(c) This subchapter does not affect any cause of action or the remedy provided therefor if such cause of action accrued and
suit was instituted thereon prior to September 10, 2004.
74 Del. Laws, c. 356.;
§ 719. Criminal jurisdiction.
The Superior Court shall have exclusive original jurisdiction over all criminal violations of this subchapter.
(1) "Age" as used in this subchapter means the age of 40 or more years of age.
(2) "Charging party" means any individual or the Department who initiates proceedings by the filing of a verified charge of
discrimination, and who preserves a cause of action in Superior Court by exhausting the administrative remedies pursuant to
the provisions of § 714 of this title.
(3) "Conciliation" for the purposes of this chapter refers to a process which requires the appearance of the parties after
a full investigation resulting in a final determination of reasonable cause.
(4) "Delaware Right to Sue Notice" for the purposes of this chapter refers to a final acknowledgement of the charging party's
exhaustion of the administrative remedies provided herein and written notification to the charging party of a corresponding
right to commence a lawsuit in Superior Court.
(5) "Employee" means an individual employed by an employer, but does not include:
a. Any individual employed in agriculture or in the domestic service of any person,
b. Any individual who, as a part of that individual's employment, resides in the personal residence of the employer,
c. Any individual employed by said individual's parents, spouse or child, or
d. Any individual elected to public office in the State or political subdivision by the qualified voters thereof, or any person
chosen by such officer to be on such officer's personal staff, or an appointee on the policy making level or an immediate
advisor with respect to the exercise of the constitutional or legal powers of the office. The exemption set forth in the preceding
sentence shall not include employees subject to the merit service rules or civil service rules of the state government or
political subdivision.
(6) "Employer" means any person employing 4 or more employees within the State at the time of the alleged violation, including
the State or any political subdivision or board, department, commission or school district thereof. The term "employer" with
respect to discriminatory practices based upon sexual orientation does not include religious corporations, associations or
societies whether supported, in whole or in part, by government appropriations, except where the duties of the employment
or employment opportunity pertain solely to activities of the organization that generate unrelated business taxable income
subject to taxation under § 511(a) of the Internal Revenue Code of 1986 [26 U.S.C. § 511(a)].
(7) "Employment agency" means any person regularly undertaking with or without compensation to procure employees for an employer
or to procure for employees opportunities to work for an employer and includes an agent of such a person.
(8) "Genetic information" for the purpose of this chapter means the results of a genetic test as defined in § 2317(a)(3) of
Title 18.
(9) "Job related and consistent with business necessity" means the condition in question renders the individual unable to
perform the essential functions of the position that such individual holds or desires. This includes situations in which the
individual poses a direct threat to the health or safety of the individual or others in the workplace.
(10) "Labor organization" includes any organization of any kind, any agency or employee representation committee, group, association
or plan so engaged in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers
concerning grievances, labor disputes, wages, rates of pay, hours or other terms or conditions of employment, any conference,
general committee, joint or system board or joint council so engaged which is subordinate to a national or international labor
organization.
(11) "Mediation" for the purposes of this chapter refers to an expedited process for settling employment disputes with the
assistance of an impartial third party prior to a full investigation.
(12) "No cause determination" means that the Department has completed its investigation and found that there is no reasonable
cause to believe that an unlawful employment practice has occurred or is occurring. A no cause determination is a final determination
ending the administrative process and provides the charging party with a corresponding Delaware Right to Sue Notice.
(13) "Person" includes 1 or more individuals, labor unions, partnerships, associations, corporations, legal representatives,
mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy or receivers.
(14) "Reasonable cause determination" means that the Department has completed its investigation and found reasonable cause
to believe that an unlawful employment practice has occurred or is occurring. A reasonable cause determination requires the
parties' good faith efforts in conciliation.
(15) "Religion" as used in this subchapter includes all aspects of religious observance and practice, as well as belief, unless
an employer demonstrates that the employer is unable to reasonably accommodate an employee's or prospective employee's religious
observance or practice without undue hardship on the conduct of the employer's business.
(16) "Respondent" means any person named in the Charge of Discrimination, including but not limited to employers, employment
agencies, labor organizations, joint labor-management committees, controlling apprenticeship or other training programs including
on-the-job training programs.
(17) "Secretary" means the Secretary of the Department of Labor or the Secretary's designee.
(18) "Sexual orientation" exclusively means heterosexuality, homosexuality, or bisexuality.
19 Del. C. 1953, § 710; 58 Del. Laws, c. 285; 62 Del. Laws, c. 97, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 457, § 2; 74 Del. Laws, c. 356; 77 Del. Laws, c. 90, §§ 15, 16.;
(a) It shall be an unlawful employment practice for an employer to:
(1) Fail or refuse to hire or to discharge any individual or otherwise to discriminate against any individual with respect
to compensation, terms, conditions or privileges of employment because of such individual's race, marital status, genetic
information, color, age, religion, sex, sexual orientation, or national origin; or
(2) Limit, segregate or classify employees in any way which would deprive or tend to deprive any individual of employment
opportunities or otherwise adversely affect the individual's status as an employee because of such individual's race, marital
status, genetic information, color, age, religion, sex, sexual orientation, or national origin.
(b) It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment or otherwise
to discriminate against any individual because of race, marital status, genetic information, color, age, religion, sex, sexual
orientation, or national origin or to classify or refer for employment any individual on the basis of race, marital status,
genetic information, color, religion, age, sex, sexual orientation, or national origin.
(c) It shall be an unlawful employment practice for a labor organization to:
(1) Exclude or expel from its membership or otherwise to discriminate against any individual because of race, marital status,
genetic information, color, age, religion, sex, sexual orientation, or national origin;
(2) Limit, segregate or classify its membership or to classify or fail or refuse to refer for employment any individual in
any way which would deprive or tend to deprive any individual of employment opportunities or would limit such employment opportunities
or otherwise adversely affect the individual's status as an employee or as an applicant for employment because of such individual's
race, marital status, genetic information, color, age, religion, sex, sexual orientation, or national origin; or
(3) Cause or attempt to cause an employer to discriminate against an individual in violation of this section.
(d) It shall be an unlawful employment practice for any employer, labor organization or joint labor-management committee controlling
apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any individual
because of race, marital status, genetic information, color, age, religion, sex, sexual orientation, or national origin in
admission to or employment in any program established to provide apprenticeship or other training.
(e) It shall be an unlawful employment practice for an employer, employment agency, labor union or joint labor-management
committee controlling apprenticeship or other training or retraining, including on the job training programs to intentionally
collect, directly or indirectly, any genetic information concerning any employee or applicant for employment, or any member
of their family, unless:
(1) It can be demonstrated that the information is job-related and consistent with business necessity; or
(2) The information or access to the information is sought in connection with the retirement policy or system of any employer
or the underwriting or administration of a bona fide employee welfare or benefit plan.
(f) It shall be an unlawful employment practice for any employer, employment agency, labor organization or joint labor-management
committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discharge,
refuse to hire or otherwise discriminate against any individual or applicant for employment or membership on the basis of
such person's race, marital status, color, age, religion, sex, sexual orientation, or national origin, because such person
has opposed any practice prohibited by this subchapter or because such person has testified, assisted or participated in any
manner in an investigation, proceeding, or hearing to enforce the provisions of this subchapter.
(g) Notwithstanding any other provision of this subchapter:
(1) It shall not be an unlawful employment practice for an employer to hire and employ employees, for an employment agency
to classify or refer for employment any individual, for a labor organization to classify its membership or to classify or
refer for employment any individual or for an employer, labor organization or joint labor-management committee controlling
apprenticeship or other training or retraining programs to admit or employ any individual in any such program on the basis
of religion, genetic information, age, sex, sexual orientation, or national origin in those certain instances where religion,
genetic information, age, sex, sexual orientation, or national origin is a bona fide occupational qualification reasonably
necessary to the normal operation of that particular business or enterprise; and
(2) It shall not be an unlawful employment practice for a school, college, university or other educational institution or
institution of learning to hire and employ employees of a particular religion if such school, college, university or other
educational institution or institution of learning is, in whole or in substantial part, owned, supported, controlled or managed
by a particular religion or by a particular religious corporation, association or society or if the curriculum of such school,
college, university or other educational institution or institution of learning is directed toward the propagation of a particular
religion.
(h) Notwithstanding any other provision of this subchapter, it shall not be an unlawful employment practice for an employer
to apply different standards of compensation or different terms, conditions or privileges of employment pursuant to a bona
fide seniority or merit system or a system which measures earnings by quantity or quality of production or to employees who
work in different locations, provided that such differences are not the result of an intention to discriminate because of
race, marital status, genetic information, color, age, religion, sex, sexual orientation, or national origin, nor shall it
be an unlawful employment practice for an employer to give and to act upon the results of any professionally developed ability
test provided that such test, its administration or action upon the results is not designed, intended or used to discriminate
because of race, marital status, genetic information, color, religion, age, sex, sexual orientation, or national origin.
(i) Nothing contained in this subchapter as it applies to discrimination because of age or sex shall be interpreted to affect
or interfere with the retirement policy or system of any employer or the underwriting or administration of a bona fide employee
welfare or benefit plan, provided that such policy, system or plan is not merely a subterfuge to evade the purpose of this
subchapter.
(j)(1) Nothing in this subchapter shall be construed to prohibit compulsory retirement of any employee who has attained 65
years of age, and who, for the 2-year period immediately before retirement, is employed in a bona fide executive or a high
policy-making position, if such employee is entitled to an immediate nonforfeitable annual retirement benefit from a pension,
profit sharing, savings or deferred compensation plan, or any combination of such plans, of the employer of such an employee,
which equals, in the aggregate, at least $44,000.
(2) In applying the retirement benefit test of paragraph (1) of this subsection, if any such retirement benefit is in a form
other than a straight life annuity (with no ancillary benefits), or if employees contribute to any such plan or make rollover
contributions, such benefit shall be adjusted in accordance with regulations prescribed by the Secretary, United States Department
of Labor, pursuant to 29 U.S.C. § 631(c)(2), so that the benefit is the equivalent of a straight life annuity (with no ancillary
benefits) under a plan to which employees do not contribute and under which no rollover contributions are made.
(k) Nothing in this subchapter shall be interpreted to require employers to offer health, welfare, pension or other benefits
to persons associated with employees on the basis as such benefits are afforded to the spouses of married employees.
19 Del. C. 1953, § 711; 58 Del. Laws, c. 285; 62 Del. Laws, c. 97, § 2; 64 Del. Laws, c. 333, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 457, §§ 3, 4; 74 Del. Laws, c. 356; 77 Del. Laws, c. 90, §§ 17-19.;
§ 712. Enforcement provisions; powers of the Department; administrative process.
(a) The Department of Labor is empowered, as hereinafter provided, to prevent any person from engaging in any unlawful employment
practice as set forth in §§ 711, 723 and 724 of this title. In connection with the performance of its duties, the Department
may:
(1) Investigate employment practices by permitting the Department to enter any place of employment at reasonable times; inspect
and copy records or documents in the possession of the employer, the employment agency or labor organization; administer oaths,
certify to official acts, take and cause to be taken depositions of witnesses; issue subpoenas compelling the attendance and
testimony of witnesses and the production of papers, books, accounts, payrolls, documents, and records;
(2) Make, revise or rescind such rules or regulations necessary or appropriate to administer or enforce this chapter in accordance
with the provisions of § 10161(b) of Title 29;
(3) Commence civil actions in Superior Court for violations of this chapter, any published regulations or for civil penalties
provided herein.
(b) The Department shall have jurisdiction over all cases arising under this chapter, affording review and oversight of employment
practices in Delaware. The Department shall endeavor to eliminate unlawful discrimination in employment through its administrative
process set forth below. This subchapter shall afford the sole remedy for claims alleging a violation of this chapter to the
exclusion of all other remedies. Upon termination of the administrative process by the Department, the charging party may
institute a civil action in Superior Court of the State of Delaware pursuant to §§ 714 and 715 of this title.
(c) The administrative process requires the following:
(1) Statute of limitation and filing procedure. -- Any person claiming to be aggrieved by a violation of this chapter shall
first file a charge of discrimination within 120 days of the alleged unlawful employment practice or its discovery, setting
forth a concise statement of facts, in writing, verified and signed by the charging party. The Department shall serve a copy
of the verified charge of discrimination upon the named respondent by certified mail. The respondent may file an answer within
20 days of its receipt, certifying that a copy of the answer was mailed to the charging party at the address provided.
(2) Preliminary findings and recommendations. -- The Department shall review the submissions within 60 days from the date
of service upon the respondent and issue preliminary findings with recommendations. The preliminary findings may recommend:
a. Dismissing the charge unless additional information is received which warrants further investigation;
b. Referring the case for mediation requiring the parties' appearance; or
c. Referring the case for investigation.
(3) Final determinations upon completion of investigation. -- After investigation, the Department shall issue a determination
of either "reasonable cause" or "no reasonable cause" to believe that a violation has occurred or is occurring. All cases
resulting in a "reasonable cause" determination will require the parties to appear for compulsory conciliation. All cases
resulting in a "no cause" determination will receive a corresponding Delaware Right to Sue Notice.
(4) Confidentiality of the Department's process. -- The Department shall not make public the charge of discrimination or information
obtained during the investigation of a charge. This provision does not apply to disclosures made to the parties, their counsel,
or witnesses where disclosure is deemed necessary or appropriate. Nothing said or done during and as a part of the mediation
or conciliation efforts may be made public by the Department, its officers or employees or used by any party as evidence in
a subsequent proceeding without the written consent of the persons concerned.
(5) End of administrative process. -- In all cases where the Department has dismissed the charge, issued a no cause determination
or upon the parties failed conciliation efforts, the Department shall issue a Delaware Right to Sue Notice, acknowledging
the Department's termination of the administrative process. Once the Department has issued its preliminary findings pursuant
to subsection (2), the Department, in its discretion, may grant a Delaware Right to Sue Notice to a charging party.
19 Del. C. 1953, § 712; 58 Del. Laws, c. 285; 66 Del. Laws, c. 337, §§ 3, 4; 67 Del. Laws, c. 260, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 356.;
§ 713. Civil action by the Attorney General; complaint.
(a) Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern
or practice of resistance to the full enjoyment of any of the rights secured by this subchapter or subchapter III of this
chapter and that the pattern or practice is of such a nature and is intended to deny the full exercise of the rights herein
described, the Attorney General may bring a civil action in the Court of Chancery by filing with it a complaint:
(1) Signed by the Attorney General (or in the Attorney General's absence the Chief Deputy Attorney General);
(2) Setting forth facts pertaining to such pattern or practice; and
(3) Requesting such relief, including an application for a permanent or temporary injunction, restraining order or other order
against the person or persons responsible for such pattern or practice, as the Attorney General deems necessary to insure
the full enjoyment of the rights herein described.
(b) The Court of Chancery shall have jurisdiction over proceedings brought pursuant to this section.
19 Del. C. 1953, § 713; 58 Del. Laws, c. 285; 66 Del. Laws, c. 337, § 5; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 356.;
§ 714. Civil action by the charging party; Delaware Right to Sue Notice; election of remedies.
(a) A charging party may file a civil action in Superior Court, after exhausting the administrative remedies provided herein
and receipt of a Delaware Right to Sue Notice acknowledging same.
(b) The Delaware Right to Sue Notice shall include authorization for the charging party to bring a civil action under this
chapter in Superior Court by instituting suit within 90 days of its receipt or within 90 days of receipt of a federal Right
to Sue Notice, whichever is later.
(c) The charging party shall elect a Delaware or federal forum to prosecute the employment discrimination cause of action
so as to avoid unnecessary costs, delays and duplicative litigation. A charging party is barred by this election of remedies
from filing cases in both Superior Court and the federal forum. If the charging party files in Superior Court and in a federal
forum, the respondent may file an application to dismiss the Superior Court action under this election of remedies provision.
74 Del. Laws, c. 356.;
§ 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.
74 Del. Laws, c. 356.;
§ 716. Posting of notices; penalties.
(a) Every employer, employment agency and labor organization, as the case may be, shall post and keep posted in conspicuous
places upon its premises where notices to employees, and applicants for employment are customarily posted, a notice to be
prepared or approved by the Department setting forth excerpts from or summaries of the pertinent provisions of this subchapter
and subchapter III of this chapter and information pertinent to the filing of a complaint.
(b) A wilful violation of this section shall be punishable by a fine of not more than $100 for each separate offense.
19 Del. C. 1953, § 716; 58 Del. Laws, c. 285; 66 Del. Laws, c. 337, § 8; 74 Del. Laws, c. 356.;
§ 717. Veterans' special rights or preference.
Nothing contained in this subchapter or subchapter III of this chapter shall be construed to repeal or modify any state or
local law creating special rights or preferences for veterans.
19 Del. C. 1953, § 717; 58 Del. Laws, c. 285; 66 Del. Laws, c. 337, § 9; 74 Del. Laws, c. 356.;
§ 718. Short title, effective date, savings clause.
(a) This subchapter may be cited as the "Discrimination in Employment Act."
(b) This subchapter shall become effective September 10, 2004.
(c) This subchapter does not affect any cause of action or the remedy provided therefor if such cause of action accrued and
suit was instituted thereon prior to September 10, 2004.
74 Del. Laws, c. 356.;
§ 719. Criminal jurisdiction.
The Superior Court shall have exclusive original jurisdiction over all criminal violations of this subchapter.
(1) "Age" as used in this subchapter means the age of 40 or more years of age.
(2) "Charging party" means any individual or the Department who initiates proceedings by the filing of a verified charge of
discrimination, and who preserves a cause of action in Superior Court by exhausting the administrative remedies pursuant to
the provisions of § 714 of this title.
(3) "Conciliation" for the purposes of this chapter refers to a process which requires the appearance of the parties after
a full investigation resulting in a final determination of reasonable cause.
(4) "Delaware Right to Sue Notice" for the purposes of this chapter refers to a final acknowledgement of the charging party's
exhaustion of the administrative remedies provided herein and written notification to the charging party of a corresponding
right to commence a lawsuit in Superior Court.
(5) "Employee" means an individual employed by an employer, but does not include:
a. Any individual employed in agriculture or in the domestic service of any person,
b. Any individual who, as a part of that individual's employment, resides in the personal residence of the employer,
c. Any individual employed by said individual's parents, spouse or child, or
d. Any individual elected to public office in the State or political subdivision by the qualified voters thereof, or any person
chosen by such officer to be on such officer's personal staff, or an appointee on the policy making level or an immediate
advisor with respect to the exercise of the constitutional or legal powers of the office. The exemption set forth in the preceding
sentence shall not include employees subject to the merit service rules or civil service rules of the state government or
political subdivision.
(6) "Employer" means any person employing 4 or more employees within the State at the time of the alleged violation, including
the State or any political subdivision or board, department, commission or school district thereof. The term "employer" with
respect to discriminatory practices based upon sexual orientation does not include religious corporations, associations or
societies whether supported, in whole or in part, by government appropriations, except where the duties of the employment
or employment opportunity pertain solely to activities of the organization that generate unrelated business taxable income
subject to taxation under § 511(a) of the Internal Revenue Code of 1986 [26 U.S.C. § 511(a)].
(7) "Employment agency" means any person regularly undertaking with or without compensation to procure employees for an employer
or to procure for employees opportunities to work for an employer and includes an agent of such a person.
(8) "Genetic information" for the purpose of this chapter means the results of a genetic test as defined in § 2317(a)(3) of
Title 18.
(9) "Job related and consistent with business necessity" means the condition in question renders the individual unable to
perform the essential functions of the position that such individual holds or desires. This includes situations in which the
individual poses a direct threat to the health or safety of the individual or others in the workplace.
(10) "Labor organization" includes any organization of any kind, any agency or employee representation committee, group, association
or plan so engaged in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers
concerning grievances, labor disputes, wages, rates of pay, hours or other terms or conditions of employment, any conference,
general committee, joint or system board or joint council so engaged which is subordinate to a national or international labor
organization.
(11) "Mediation" for the purposes of this chapter refers to an expedited process for settling employment disputes with the
assistance of an impartial third party prior to a full investigation.
(12) "No cause determination" means that the Department has completed its investigation and found that there is no reasonable
cause to believe that an unlawful employment practice has occurred or is occurring. A no cause determination is a final determination
ending the administrative process and provides the charging party with a corresponding Delaware Right to Sue Notice.
(13) "Person" includes 1 or more individuals, labor unions, partnerships, associations, corporations, legal representatives,
mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy or receivers.
(14) "Reasonable cause determination" means that the Department has completed its investigation and found reasonable cause
to believe that an unlawful employment practice has occurred or is occurring. A reasonable cause determination requires the
parties' good faith efforts in conciliation.
(15) "Religion" as used in this subchapter includes all aspects of religious observance and practice, as well as belief, unless
an employer demonstrates that the employer is unable to reasonably accommodate an employee's or prospective employee's religious
observance or practice without undue hardship on the conduct of the employer's business.
(16) "Respondent" means any person named in the Charge of Discrimination, including but not limited to employers, employment
agencies, labor organizations, joint labor-management committees, controlling apprenticeship or other training programs including
on-the-job training programs.
(17) "Secretary" means the Secretary of the Department of Labor or the Secretary's designee.
(18) "Sexual orientation" exclusively means heterosexuality, homosexuality, or bisexuality.
19 Del. C. 1953, § 710; 58 Del. Laws, c. 285; 62 Del. Laws, c. 97, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 457, § 2; 74 Del. Laws, c. 356; 77 Del. Laws, c. 90, §§ 15, 16.;
(a) It shall be an unlawful employment practice for an employer to:
(1) Fail or refuse to hire or to discharge any individual or otherwise to discriminate against any individual with respect
to compensation, terms, conditions or privileges of employment because of such individual's race, marital status, genetic
information, color, age, religion, sex, sexual orientation, or national origin; or
(2) Limit, segregate or classify employees in any way which would deprive or tend to deprive any individual of employment
opportunities or otherwise adversely affect the individual's status as an employee because of such individual's race, marital
status, genetic information, color, age, religion, sex, sexual orientation, or national origin.
(b) It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment or otherwise
to discriminate against any individual because of race, marital status, genetic information, color, age, religion, sex, sexual
orientation, or national origin or to classify or refer for employment any individual on the basis of race, marital status,
genetic information, color, religion, age, sex, sexual orientation, or national origin.
(c) It shall be an unlawful employment practice for a labor organization to:
(1) Exclude or expel from its membership or otherwise to discriminate against any individual because of race, marital status,
genetic information, color, age, religion, sex, sexual orientation, or national origin;
(2) Limit, segregate or classify its membership or to classify or fail or refuse to refer for employment any individual in
any way which would deprive or tend to deprive any individual of employment opportunities or would limit such employment opportunities
or otherwise adversely affect the individual's status as an employee or as an applicant for employment because of such individual's
race, marital status, genetic information, color, age, religion, sex, sexual orientation, or national origin; or
(3) Cause or attempt to cause an employer to discriminate against an individual in violation of this section.
(d) It shall be an unlawful employment practice for any employer, labor organization or joint labor-management committee controlling
apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any individual
because of race, marital status, genetic information, color, age, religion, sex, sexual orientation, or national origin in
admission to or employment in any program established to provide apprenticeship or other training.
(e) It shall be an unlawful employment practice for an employer, employment agency, labor union or joint labor-management
committee controlling apprenticeship or other training or retraining, including on the job training programs to intentionally
collect, directly or indirectly, any genetic information concerning any employee or applicant for employment, or any member
of their family, unless:
(1) It can be demonstrated that the information is job-related and consistent with business necessity; or
(2) The information or access to the information is sought in connection with the retirement policy or system of any employer
or the underwriting or administration of a bona fide employee welfare or benefit plan.
(f) It shall be an unlawful employment practice for any employer, employment agency, labor organization or joint labor-management
committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discharge,
refuse to hire or otherwise discriminate against any individual or applicant for employment or membership on the basis of
such person's race, marital status, color, age, religion, sex, sexual orientation, or national origin, because such person
has opposed any practice prohibited by this subchapter or because such person has testified, assisted or participated in any
manner in an investigation, proceeding, or hearing to enforce the provisions of this subchapter.
(g) Notwithstanding any other provision of this subchapter:
(1) It shall not be an unlawful employment practice for an employer to hire and employ employees, for an employment agency
to classify or refer for employment any individual, for a labor organization to classify its membership or to classify or
refer for employment any individual or for an employer, labor organization or joint labor-management committee controlling
apprenticeship or other training or retraining programs to admit or employ any individual in any such program on the basis
of religion, genetic information, age, sex, sexual orientation, or national origin in those certain instances where religion,
genetic information, age, sex, sexual orientation, or national origin is a bona fide occupational qualification reasonably
necessary to the normal operation of that particular business or enterprise; and
(2) It shall not be an unlawful employment practice for a school, college, university or other educational institution or
institution of learning to hire and employ employees of a particular religion if such school, college, university or other
educational institution or institution of learning is, in whole or in substantial part, owned, supported, controlled or managed
by a particular religion or by a particular religious corporation, association or society or if the curriculum of such school,
college, university or other educational institution or institution of learning is directed toward the propagation of a particular
religion.
(h) Notwithstanding any other provision of this subchapter, it shall not be an unlawful employment practice for an employer
to apply different standards of compensation or different terms, conditions or privileges of employment pursuant to a bona
fide seniority or merit system or a system which measures earnings by quantity or quality of production or to employees who
work in different locations, provided that such differences are not the result of an intention to discriminate because of
race, marital status, genetic information, color, age, religion, sex, sexual orientation, or national origin, nor shall it
be an unlawful employment practice for an employer to give and to act upon the results of any professionally developed ability
test provided that such test, its administration or action upon the results is not designed, intended or used to discriminate
because of race, marital status, genetic information, color, religion, age, sex, sexual orientation, or national origin.
(i) Nothing contained in this subchapter as it applies to discrimination because of age or sex shall be interpreted to affect
or interfere with the retirement policy or system of any employer or the underwriting or administration of a bona fide employee
welfare or benefit plan, provided that such policy, system or plan is not merely a subterfuge to evade the purpose of this
subchapter.
(j)(1) Nothing in this subchapter shall be construed to prohibit compulsory retirement of any employee who has attained 65
years of age, and who, for the 2-year period immediately before retirement, is employed in a bona fide executive or a high
policy-making position, if such employee is entitled to an immediate nonforfeitable annual retirement benefit from a pension,
profit sharing, savings or deferred compensation plan, or any combination of such plans, of the employer of such an employee,
which equals, in the aggregate, at least $44,000.
(2) In applying the retirement benefit test of paragraph (1) of this subsection, if any such retirement benefit is in a form
other than a straight life annuity (with no ancillary benefits), or if employees contribute to any such plan or make rollover
contributions, such benefit shall be adjusted in accordance with regulations prescribed by the Secretary, United States Department
of Labor, pursuant to 29 U.S.C. § 631(c)(2), so that the benefit is the equivalent of a straight life annuity (with no ancillary
benefits) under a plan to which employees do not contribute and under which no rollover contributions are made.
(k) Nothing in this subchapter shall be interpreted to require employers to offer health, welfare, pension or other benefits
to persons associated with employees on the basis as such benefits are afforded to the spouses of married employees.
19 Del. C. 1953, § 711; 58 Del. Laws, c. 285; 62 Del. Laws, c. 97, § 2; 64 Del. Laws, c. 333, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 457, §§ 3, 4; 74 Del. Laws, c. 356; 77 Del. Laws, c. 90, §§ 17-19.;
§ 712. Enforcement provisions; powers of the Department; administrative process.
(a) The Department of Labor is empowered, as hereinafter provided, to prevent any person from engaging in any unlawful employment
practice as set forth in §§ 711, 723 and 724 of this title. In connection with the performance of its duties, the Department
may:
(1) Investigate employment practices by permitting the Department to enter any place of employment at reasonable times; inspect
and copy records or documents in the possession of the employer, the employment agency or labor organization; administer oaths,
certify to official acts, take and cause to be taken depositions of witnesses; issue subpoenas compelling the attendance and
testimony of witnesses and the production of papers, books, accounts, payrolls, documents, and records;
(2) Make, revise or rescind such rules or regulations necessary or appropriate to administer or enforce this chapter in accordance
with the provisions of § 10161(b) of Title 29;
(3) Commence civil actions in Superior Court for violations of this chapter, any published regulations or for civil penalties
provided herein.
(b) The Department shall have jurisdiction over all cases arising under this chapter, affording review and oversight of employment
practices in Delaware. The Department shall endeavor to eliminate unlawful discrimination in employment through its administrative
process set forth below. This subchapter shall afford the sole remedy for claims alleging a violation of this chapter to the
exclusion of all other remedies. Upon termination of the administrative process by the Department, the charging party may
institute a civil action in Superior Court of the State of Delaware pursuant to §§ 714 and 715 of this title.
(c) The administrative process requires the following:
(1) Statute of limitation and filing procedure. -- Any person claiming to be aggrieved by a violation of this chapter shall
first file a charge of discrimination within 120 days of the alleged unlawful employment practice or its discovery, setting
forth a concise statement of facts, in writing, verified and signed by the charging party. The Department shall serve a copy
of the verified charge of discrimination upon the named respondent by certified mail. The respondent may file an answer within
20 days of its receipt, certifying that a copy of the answer was mailed to the charging party at the address provided.
(2) Preliminary findings and recommendations. -- The Department shall review the submissions within 60 days from the date
of service upon the respondent and issue preliminary findings with recommendations. The preliminary findings may recommend:
a. Dismissing the charge unless additional information is received which warrants further investigation;
b. Referring the case for mediation requiring the parties' appearance; or
c. Referring the case for investigation.
(3) Final determinations upon completion of investigation. -- After investigation, the Department shall issue a determination
of either "reasonable cause" or "no reasonable cause" to believe that a violation has occurred or is occurring. All cases
resulting in a "reasonable cause" determination will require the parties to appear for compulsory conciliation. All cases
resulting in a "no cause" determination will receive a corresponding Delaware Right to Sue Notice.
(4) Confidentiality of the Department's process. -- The Department shall not make public the charge of discrimination or information
obtained during the investigation of a charge. This provision does not apply to disclosures made to the parties, their counsel,
or witnesses where disclosure is deemed necessary or appropriate. Nothing said or done during and as a part of the mediation
or conciliation efforts may be made public by the Department, its officers or employees or used by any party as evidence in
a subsequent proceeding without the written consent of the persons concerned.
(5) End of administrative process. -- In all cases where the Department has dismissed the charge, issued a no cause determination
or upon the parties failed conciliation efforts, the Department shall issue a Delaware Right to Sue Notice, acknowledging
the Department's termination of the administrative process. Once the Department has issued its preliminary findings pursuant
to subsection (2), the Department, in its discretion, may grant a Delaware Right to Sue Notice to a charging party.
19 Del. C. 1953, § 712; 58 Del. Laws, c. 285; 66 Del. Laws, c. 337, §§ 3, 4; 67 Del. Laws, c. 260, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 356.;
§ 713. Civil action by the Attorney General; complaint.
(a) Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern
or practice of resistance to the full enjoyment of any of the rights secured by this subchapter or subchapter III of this
chapter and that the pattern or practice is of such a nature and is intended to deny the full exercise of the rights herein
described, the Attorney General may bring a civil action in the Court of Chancery by filing with it a complaint:
(1) Signed by the Attorney General (or in the Attorney General's absence the Chief Deputy Attorney General);
(2) Setting forth facts pertaining to such pattern or practice; and
(3) Requesting such relief, including an application for a permanent or temporary injunction, restraining order or other order
against the person or persons responsible for such pattern or practice, as the Attorney General deems necessary to insure
the full enjoyment of the rights herein described.
(b) The Court of Chancery shall have jurisdiction over proceedings brought pursuant to this section.
19 Del. C. 1953, § 713; 58 Del. Laws, c. 285; 66 Del. Laws, c. 337, § 5; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 356.;
§ 714. Civil action by the charging party; Delaware Right to Sue Notice; election of remedies.
(a) A charging party may file a civil action in Superior Court, after exhausting the administrative remedies provided herein
and receipt of a Delaware Right to Sue Notice acknowledging same.
(b) The Delaware Right to Sue Notice shall include authorization for the charging party to bring a civil action under this
chapter in Superior Court by instituting suit within 90 days of its receipt or within 90 days of receipt of a federal Right
to Sue Notice, whichever is later.
(c) The charging party shall elect a Delaware or federal forum to prosecute the employment discrimination cause of action
so as to avoid unnecessary costs, delays and duplicative litigation. A charging party is barred by this election of remedies
from filing cases in both Superior Court and the federal forum. If the charging party files in Superior Court and in a federal
forum, the respondent may file an application to dismiss the Superior Court action under this election of remedies provision.
74 Del. Laws, c. 356.;
§ 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.
74 Del. Laws, c. 356.;
§ 716. Posting of notices; penalties.
(a) Every employer, employment agency and labor organization, as the case may be, shall post and keep posted in conspicuous
places upon its premises where notices to employees, and applicants for employment are customarily posted, a notice to be
prepared or approved by the Department setting forth excerpts from or summaries of the pertinent provisions of this subchapter
and subchapter III of this chapter and information pertinent to the filing of a complaint.
(b) A wilful violation of this section shall be punishable by a fine of not more than $100 for each separate offense.
19 Del. C. 1953, § 716; 58 Del. Laws, c. 285; 66 Del. Laws, c. 337, § 8; 74 Del. Laws, c. 356.;
§ 717. Veterans' special rights or preference.
Nothing contained in this subchapter or subchapter III of this chapter shall be construed to repeal or modify any state or
local law creating special rights or preferences for veterans.
19 Del. C. 1953, § 717; 58 Del. Laws, c. 285; 66 Del. Laws, c. 337, § 9; 74 Del. Laws, c. 356.;
§ 718. Short title, effective date, savings clause.
(a) This subchapter may be cited as the "Discrimination in Employment Act."
(b) This subchapter shall become effective September 10, 2004.
(c) This subchapter does not affect any cause of action or the remedy provided therefor if such cause of action accrued and
suit was instituted thereon prior to September 10, 2004.
74 Del. Laws, c. 356.;
§ 719. Criminal jurisdiction.
The Superior Court shall have exclusive original jurisdiction over all criminal violations of this subchapter.