Workplace Discrimination Regulations Governing the State of Delaware

September 9th, 2006 Posted by Rachel

If you are employed in the state of Delaware it is good to know that both state and federal law from discrimination protect you. Such laws apply to employers, employment agencies, labor organizations and joint labor management committees. Being a woman one especially interesting thing that I found while researching this topic is The Delaware Commission for Women. They advocate for the equality of women in a way that fosters self-esteem and self-reliance among women of all ages by promoting the political, economic, social, educational, personal and professional growth of Delaware women.

Employers with four or more employees are prohibited from discriminating on the basis of race, color, religion, age, sex (including pregnancy), marital status, genetic information, or national origin. Delaware (DE) job discrimination law in the workplace applies to many aspects of employment practices including hiring, training, benefits, discipline and termination.

Delaware (DE) job discrimination law in the workplace also prohibits sexual harassment and views it as a form of discrimination. Sexual harassment can be any unwelcome sexual advance, request for sexual favor, or other verbal or physical conduct of a sexual nature. Employers are considered responsible and can be held accountable if the harassment is by a supervisor, whether or not it is reported. They may also be held responsible if the harassment was by a fellow employee or non-employee and it was reported but no action was taken.

Delaware (DE) job discrimination law and the federal Americans with Disabilities Act prohibit employers with fifteen or more employees from discriminating against any employee because of disability and require the employment and advancement of qualified individuals with a disability who, with or without reasonable accommodation, can perform the essential functions of a job. Employers are expected to make reasonable accommodations for disabled employees as long as the cost of doing so would not cause the employer any undue hardship.

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Delaware (DE) Sexual Discrimination Law in the Workplace

August 25th, 2006 Posted by Hannah

While the federal discrimination law, Title VII, applies to all employers who have fifteen or more employees, the Delaware Sexual Discrimination Law in the Workplace follows the state’s Discrimination in Employment Act and is a bit more strict. This law makes it illegal for any employer with four or more employees to discriminate against anyone on the basis of sex. Employers are those who employ four or more people within the state at the time of the alleged discrimination.

Under this law, an employee is anyone who is employed by an employer (as defined above) except for those employed in agriculture or domestic service, those who live at the employer’s personal residence (as a condition of employment), those employed by their parents, spouse or children, and those elected to public office.

The Delaware Discrimination in Employment Act makes it illegal to discriminate against anyone on the basis of sex or pregnancy including putting employees in situations that adversely affect their status because of their gender.

People wishing to file a complaint against an employer must do so with the Delaware Department of Labor’s Office of Labor Law Enforcement within 120 days of the alleged discriminatory act. To file a complaint, you must call one of the regional offices and then a Labor Law Officer will conduct an interview with you before drawing up a charge of discrimination which you sign and they send to your employer.

The employer can then choose to settle the complaint or undergo investigation. If the Department finds reasonable cause to believe that the discrimination did take place, you and your employer will be given a chance to reach a settlement. If the settlement process fails, you can get a “Right to Sue” letter allowing you to file the claim in the state or federal courts.

If you choose to not go through the Departments investigation process, you can request a “Right to Sue” letter from the EEOC or the Delaware Department of Labor’s Office of Labor Law Enforcement.

It is not just the employer’s or employee’s responsibility to ensure that Delaware’s discrimination laws are upheld in the workplace. It’s up to each employee to know their rights and each employer to know their responsibilities. Employers can help foster this knowledge by posting an up-to-date Delaware Complete Labor Law poster in the workplace.

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