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Delaware Advertising: What you need to know

Delaware law prohibits employers with four or more employees, employment agencies, and labor organizations from discriminating against or refusing to hire an individual on the basis of race, marital status, genetic information, color, age, religion, sex (including pregnancy), sexual orientation, national origin, or gender identity unless the characteristic is a bona fide occupational qualification (BFOQ). Employers with 15 or more employees are also prohibited from refusing to hire or recruit a qualified person with a disability.
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Therefore, although there is no specific prohibition of employment advertisements expressing a preference or limitation regarding one of these characteristics, it seems clear that to do so would violate the law. However, an employer is not prohibited from hiring an individual on the basis of religion, genetic information, age, sex, or national origin if the characteristic is a BFOQ reasonably necessary to the normal operation of the business (DE Code Tit. 19 Sec. 711; DE Code Tit. 19 Sec. 724).
Religious corporations, associations, or societies are generally excluded from the provisions regarding sexual orientation and gender identity.

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Claim Your Free Copy of Top 100 FLSA Overtime Q&As

We’ve compiled a list of the 100 most commonly asked questions we have received on the federal Fair Labor Standards Act (FLSA) overtime regulations.
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This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
  • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
  • Salary Level: Qualifying for exemptions and nonexempt employees
  • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave

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