Delaware Racial Discrimination: What you need to know

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 race or color (DE Code Tit. 19 Sec. 710 et seq.).
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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 because of race or color.
• Limit, segregate, or classify employees in any way that deprives, or tends to deprive, any individual of employment opportunities or otherwise adversely affects an employees' status because of race or color.
• Make employment decisions related to selection for training or apprenticeship on the basis of race.
• 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.
As long as there is no intent to discriminate, the Act permits employers to apply different compensation standards or other employment terms based on:
• A bona fide seniority or merit system
• A bona fide retirement plan
• A system measuring quantity or quality of production
• Work performed in different locations
In addition, employers may make employment decisions based on the results of professionally developed ability tests (as long as there is no intent to discriminate) and are not required to grant preferential treatment to any individual or group because of a workplace imbalance. Employers do not have an obligation to accommodate employees in any way that constitutes a direct threat to health and safety in the workplace.

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