The Delaware Discrimination in Employment Act prohibits discrimination in employment based on race, marital status, genetic information, color, age (40 and over), religion, sex (including pregnancy), sexual orientation, gender identity, or national origin (DE Code Tit. 19 Sec. 710 et seq.). The Act also prohibits employers from discriminating because an individual was the victim of domestic violence, a sexual offense, or stalking. Employers may not discriminate against an individual because of a reproductive health decision by the individual or because of the individual’s family responsibilities. Effective April 13, 2021, the term “race” is defined to include traits historically associated with race, including hair texture and a protective hairstyle. A “protective hairstyle” includes braids, locks, and twists.
The Act covers employers with four or more employees, including employment agencies and labor unions.
Like the federal law under Title VII of the Civil Rights Act of 1964 (Title VII), the state Act prohibits the employer from making any decision regarding hiring, discharge, advancement, compensation, or any other condition of employment based on one of the protected characteristics. Retaliation against employees who file discrimination complaints or participate in the investigation or hearing of discrimination claims is also prohibited.
The Act defines "gender identity" as a gender-related identity, appearance, expression, or behavior of a person, regardless of the person's assigned sex at birth (DE Code Tit. 19 Sec. 710). Under the law, gender identity may be demonstrated by consistent and uniform assertion of the gender identity or any other evidence that the gender identity is ...