Gender 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.

Unlawful employment practices

The unlawful employment practices and exemptions based on sex are similar to those under the federal Guidelines on Discrimination Because of National Sex. For example, an exemption is provided for a bona fide occupational qualification or need.

Employers are prohibited from discriminating against employees because of their sex (including pregnancy) or marital status. A charge must be filed within 90 days after the alleged unlawful employment practice or 120 days after discovery, 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 Department of Labor setting forth excerpts from or summaries of the 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 1604, Guidelines on Discrimination Because of Sex