Discrimination at Work
19 Del. C. § 711 — employers of 4 or more, a charge within 300 days, and suit within 90 days of a right to sue notice
An employer may not refuse to hire, fire, or otherwise discriminate in pay or terms of employment because of race, marital status, genetic information, color, age, religion, sex including pregnancy, sexual orientation, gender identity, national origin, military status, or housing status.
An employer is anyone with 4 or more employees in the State at the time, including the State and its subdivisions.
- A charge of discrimination is filed in writing, verified and signed, within 300 days of the practice or its discovery.
- The respondent may answer within 20 days, and the Department reviews within 60 days of service and issues preliminary findings.
- After the administrative process, a Delaware Right to Sue Notice allows a suit in Superior Court within 90 days of receiving it.
Federal law runs alongside with deadlines of its own. A particular case is a question for a licensed Delaware attorney.
Sources for this section (4)
- 19 Del. C. § 711 — Unlawful employment practices; employer practices
- 19 Del. C. § 710 — Definitions
- 19 Del. C. § 712 — Enforcement provisions; powers of the Department; administrative process
- 19 Del. C. § 714 — Civil action by the charging party; Delaware Right to Sue Notice; election of remedies
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.