The Delaware Discrimination in Employment Act prohibits all public employers and private employers of four or more persons from discriminating in employment on the basis of national origin (DE Code Tit. 19 Sec. 710 et seq.). The term “national origin,” is not defined by the Act, but generally refers to a person's place of birth or the place of birth of a person's ancestors (parents, grandparents, etc.).
Under the Act, it is unlawful to:
• Fail or refuse to hire or to discharge an individual or otherwise discriminate with respect to compensation, terms, conditions or privileges of employment based on national origin.
• Limit, segregate, or classify employees in any way that deprives, or tends to deprive, any individual of employment opportunities or otherwise adversely affects employees' status based on national origin.
• Discriminate against any individual on the basis of national origin in admission to or employment in any apprenticeship or other training program.
• Retaliate or otherwise discriminate against any individual for opposing an unlawful discriminatory practice, or for testifying, assisting or participating in any manner in an investigation, proceeding, or enforcement hearing.
Harassment. The 3rd Circuit Court of Appeals has ruled that an employee can establish a violation of Title VII of the Civil Rights Act of 1964 by proving that workplace harassment based on the employee's national origin created a hostile or abusive work environment (Clegg v. Falcon Plastics, Inc., 174 Fed. Appx. 18 (3d Cir. 2006)). In a subsequent case, a federal district court in Delaware ruled that evidence of harassing acts and comments by an employee's coworkers was sufficient to allow the employee to proceed to a ...