Discrimination - Other - Delaware

Summary of differences between federal and state regulations

The federally protected classes in employment discrimination include race, color, religion, national origin, age (40 and over), sex (including pregnancy, sexual orientation, and gender identity), disability, and genetic information.

Delaware’s Discrimination in Employment Act (DDEA) lists the following protected classes:  

• Race (includes traits historically associated with race, including hair texture and a protective hairstyle, such as braids, locks, and twists), 
• Marital status, 
• Genetic information (the results of a genetic test),
• Color,
• Age (40 or more years of age),
• Religion (includes all aspects of religious observance and practice, as well as belief),  
• Sex (including pregnancy, childbirth, or a related condition, including, but not limited to lactation),
• Sexual orientation (includes heterosexuality, homosexuality, bisexuality, asexuality, or pansexuality),
• Gender identity (means a gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth),
• National origin,

The DDEA laws apply to employers with four or more employees, including state and local governments, employment agencies and labor organizations.

Title I of the Persons with Disabilities Employment Protection Act (PDEPA) (19 Del. C. 724) applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations. It makes it unlawful for an employer to discriminate against a qualified person because of a disability.

The state regulations regarding discrimination on the basis of genetic information, marital status, sexual orientation, and gender identity are essentially identical to the state and federal requirements prohibiting limitations in employment based on sex, national origin, and so on.

Volunteer emergency responders

The state also prohibits discrimination against members of a volunteer emergency responder organization, but does not explicitly require employers to provide leave for related duty. This law covers a volunteer firefighter, a member of a ladies auxiliary of a volunteer fire company, a volunteer emergency medical technician and/or a volunteer fire police officer.

State law also prohibits employers from discriminating against individuals because they are victims of domestic violence, a sexual offense, or stalking. Further, employers may be required to make reasonable accommodations for the known limitations of individuals who are victims of domestic violence, a sexual offense, or stalking.

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. With respect to discriminatory practices based upon sexual orientation or gender identity, the term does not include religious corporations, associations or societies.

Gender identity

“Gender identity” means a gender-related identity, appearance, expression or behavior of a person, regardless of the person's assigned sex at birth. Gender identity may be demonstrated by consistent and uniform assertion of the gender identity or any other evidence that the gender identity is sincerely held as part of a person's core identity; provided, however, that gender identity shall not be asserted for any improper purpose.

State law does not affect the ability of an employer to require employees to adhere to reasonable workplace appearance, grooming and dress standards not precluded by other provisions of state or federal law, except that an employer must allow an employee to appear, groom and dress consistent with the employee's gender identity.

Crown Act

The Delaware Crown Act expanded discrimination based on race by adding definitions of “race” and “protective hairstyle” to its statutes governing discrimination in employment. “Race” is defined to include traits historically associated with race, including hair texture and a protective hairstyle.  “Protective hairstyle” is defined to include braids, locks, and twists.  

Apprenticeship program trainees

The Delaware Department of Labor develops and conducts employee training and registered apprenticeship programs in cooperation with participating appointing authorities and the Department of Human Resources. The recruitment, selection, and training of apprentice trainees must be without discrimination because of race, including Crown Act protections.

State

Related information

Protected classes ezExplanation

Contact

Office of Labor Law Enforcement

Delaware Office of Anti-Discrimination at the Department of Labor 

Regulations

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

19 Del. C. § 204(g)(3) Labor; Training and apprenticeship programs

19 Del. C. § 711 Unlawful employment practices

19 Del. C. § 710 Discrimination in Employment; Definitions

19 Del. C. § 724 Persons with Disabilities Employment Protections; Unlawful employment practices 

SB 32 Delaware Crown Act

Federal

Contact

Equal Employment Opportunity Commission (EEOC)

Regulations

See applicable discrimination topic.