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Effective 1/31/15, “employer” means any person employing four or more employees within the State at the time of an 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 or gender identity, 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)]. (SB 185, enacted 7/31/14; Volume Chapter: 79:381)
Unlawful employment practices
The unlawful employment practices and exemptions are similar to those under the federal Americans With Disabilities Act, including the requirement for employers to make reasonable accommodations.
Unless otherwise provided, “reasonable accommodation” does not require that an employer:
It is unlawful for an employer or employment agency to require an applicant to identify him or herself as a person with a disability prior to a conditional offer of employment. However, any employer may invite an applicant to identify him or herself as a person with a disability in order to act affirmatively on that applicant’s behalf.
It is not a violation to:
In defense of any action to enforce the unlawful employment practices, a respondent may assert affirmative defenses, including, but not limited to, the following:
Every employer must post in conspicuous places upon its premises where notices are customarily posted, a notice setting forth excerpts from the law and information pertinent to filing complaints.
The Delaware laws for insurance prohibit the refusal to insure, or continuing to insure, or limiting the amount, extent or kind of coverage available to an individual, or charging a different rate for the same coverage solely because of a physical or mental impairment, except where the refusal, limitation or rate differential is based on sound actuarial principles or is related to actual or reasonably anticipated experience.
Delaware Code Title 19, Part I, Chapter 7, Subchapter III. Persons with Disabilities Employment Protections
Delaware Administrative Code, Title 18, 1200 Life Insurance & Annuities, §1217, Unfair Discrimination in Life Insurance, Annuities and Health Insurance on the Basis of Physical or Mental Impairment