Those in the state of Delaware who have experienced workplace discrimination may be eligible to file a claim.
Employment discrimination is when a person or group of people is treated differently in the workplace, because they belong to a protected category based on race, sex, age, or religion. Under Delaware law it is illegal for an employer to discriminate on the basis of the following categories:
- sexual orientation;
- sex (including pregnancy);
- religion;
- Race;
- national origin.
- marital status;
- genetic information;
- gender identity;
- color;
- age.
What Kind of Discrimination Laws Are in Place in Delaware?
The Delaware Discrimination in Employment Act states that it is illegal for discrimination to take place in employment based on race, marital status, genetic information, color, age (40 and over), religion, sex (including pregnancy), sexual orientation, gender identity, or national origin (DE Code Tit. 19 Sec. 710 et seq.).
The Act also states that it is illegal for any employer to discriminate because an individual was the victim of domestic violence, a sexual offense, or stalking. The Act covers employers with 4 or more employees, including employment agencies and labor unions.
Who is Protected by Both Federal and State Laws in Delaware?
There are protected classes in Delaware who are protected from discrimination in the workplace. They are based on the following characteristics:
- sexual orientation;
- sex (including pregnancy);
- religion;
- Race;
- national origin.
- marital status;
- genetic information;
- gender identity;
- color;
- age.
What Employers are Covered By Discrimination Laws in Delaware?
The Delaware anti-discrimination statute covers some of the smaller employers who are not covered by federal law. If your workplace has between 4 and 14 employees you should file your claim with the Delaware Department of Labor Division of Industrial Affairs Office of Anti-Discrimination (DDOL). If your workplace has 15 or more employees, you are permitted to file with either agency.
How do I File a Discrimination Claim in Delaware?
A discrimination claim may be filed with the Delaware Department of Labor Division of Industrial Affairs Office of Anti-Discrimination (DDOL) or the federal administrative agency which is called the Equal Employment Opportunity Commission (EEOC). These two agencies have what is called a “work-sharing agreement.”
This means that the agencies cooperate with one another when processing claims. Filing a claim with both agencies is not necessary, provided you indicate to one of the two agencies that you want it to “cross-file” the claim with the other agency.
If you intend to file a claim with the EEOC it has in place an online service that permits individuals who have filed a discrimination complaint to check the status of their claim online. This service has a portal online to upload and receive documents and communicate with the EEOC which means the claim is processed far faster.
When your charge is filed, the EEOC will give you a copy of your charge with your charge number. Within 10 days, the EEOC will also send a notice and a copy of the charge to your employer. At this point, the EEOC could do one of the following:
- ask both you and your employer to participate in mediation;
- ask your employer to provide in writing an answer to your charge and answer a few other questions related to your claim,
- dismiss the charge if it has missed the deadline.
If the EEOC decides your case requires further investigation it will further investigate your charge. When the investigation has been completed you and your employer will be informed. If the EEOC decides that workplace discrimination did not occur then you will be sent a “Notice of Right to Sue.” This allows you to file a lawsuit in a court of law.
If the EEOC decides that discrimination did take place it will try to negotiate a settlement with the employer. If a settlement is not reached, your case will be referred to the EEOC’s legal staff (or the Department of Justice in some cases), who will decide if the agency should file a lawsuit. If the EEOC decides against filing a lawsuit then it will hand you a “Notice of Right to Sue.”
What are My Time Deadlines?
There are time limits given for filing complaints about employment discrimination in Delaware. If you want the DDOL to act on your behalf, you are required to file your complaint with the DDOL (or cross-file with the EEOC) within 300 days of the date of the workplace discrimination.
If you are filing under federal law with the EEOC you have180 days from the workplace discrimination date to file your complaint.
How do I Get Help Filing an Employment Discrimination complaint in Delaware?
If the EEOC cannot resolve your Delaware workplace discrimination but you want to pursue your claim further you will need to submit your claim to court with the help of a lawyer. This will ensure the best chance of winning a claim.
