Age discrimination - Delaware

Summary of differences between federal and state regulations

Employer defined

“Employer” includes the state or any political subdivision or board, department, commission or school district and any person employing 4 or more persons within the state. Except as provided, the term does not include religious, fraternal, charitable or sectarian corporations or associations, except those supported, in whole or in part, by governmental appropriations.

The term “employer” with respect to discriminatory practices based on race, color, age or national origin includes religious, fraternal, charitable and sectarian corporations and associations employing 4 or more persons within the state.

Unlawful employment practices

The state defines “age” to include only persons between the ages of 40 and 70. Persons over age 70 are still covered by federal law.

The unlawful employment practices and exemptions are similar to those under the federal Age Discrimination in Employment Act. These include provisions for apprenticeship and other training programs, licenses or certifications, advertisements, and retaliation.

The age discrimination laws are not intended to affect or interfere with the retirement policy or system or administration of a bona fide employee welfare or benefit plan, provided these are not merely a subterfuge to evade the prohibited practices.

A charge must be filed within 90 days after the alleged unlawful practice or 120 days after discovery of the practice, whichever is later.

Posting

Covered employers and entities must post and keep posted in conspicuous places upon its premises where notices to employees, applicants, and members are customarily posted, a notice prepared or approved by the Delaware Department of Labor setting forth excerpts from or summaries of the pertinent provisions relating to discrimination and information for filing a complaint.

State

Contact

Office of Labor Law Enforcement

Regulations

Delaware Code Title 19, Part I, Chapter 7, Subchapter II. Discrimination in Employment

Federal

Contact

Equal Employment Opportunity Commission (EEOC)

Regulations

29 CFR Part 1625, Age Discrimination in Employment Act

29 CFR 1626, Procedures — Age Discrimination in Employment Act

29 CFR 1627, Records to be Made or Kept Relating to Age: Notices to be Posted: Administrative Exemptions