Delaware Affirmative Action laws & HR compliance analysis

Delaware Affirmative Action: What you need to know

Affirmative action laws require the employer to make proactive efforts to represent individuals from certain protected classes in the workplace at levels comparable to their numbers in the population. Affirmative action requirements are separate and distinct from nondiscrimination laws, which prohibit discriminatory acts against protected persons, but do not mandate proactive steps in their favor. This section is limited to a discussion of affirmative action requirements. There is additional information.
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The Delaware Fair Employment Practices Act prohibits employment practices that discriminate on the basis of race, color, religion, age, sex, sexual orientation, gender identity, marital status, genetic information, national origin, or disability (DE Code Tit. 19 Sec. 710et seq.). The Act covers employers with 4 or more employees, except for the disability provisions, which cover employers with 15 or more employees. It has no specific provision that requires private employers to take affirmative action.
All state agencies are required to develop and submit annual affirmative action plans (AAPs) with goals and timetables for women and minorities. AAPs must include a profile of the workforce, a determination of under-representation, affirmative action strategies, and a plan of action with goals and objectives to ensure equal employment opportunities in hiring and promotion and to eliminate unlawful discrimination (State Executive Order No. 10, issued January 23, 2001). AAPs must be submitted to the State Personnel Office by September 15 of each year.
Under the Discrimination in Public Works Law,

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