Delaware Religious Discrimination laws & HR compliance analysis

Delaware Religious Discrimination: What you need to know

The Delaware Discrimination in Employment Act prohibits discrimination in employment based on religion (DE Code Tit. 19 Sec. 710 et seq.). As defined in the Act, religion includes all aspects of religious observance and practice, as well as a person's belief. The Act applies to all public employers and private employers with four or more employees. Under the Act, it is unlawful to:
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• Ask applicants their religious affiliation or the names of any organizations to which they belong, if the name of the organization would reveal their religion.
• Refuse to hire or to discharge or otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment because of the individual's religion.
• Limit, segregate, or classify employees in any way that would deprive or tend to deprive them of employment opportunities or otherwise adversely affect the individual's status as an employee because of religion.
• Discriminate against any individual because of religion in admission to or employment in any program established to provide apprenticeship or other training.
• Retaliate against an individual who complains of discrimination.
Bona fide occupational qualification (BFOQ). It is not an unlawful employment practice for an employer to hire and employ employees on the basis of religion when religion is a BFOQ reasonably necessary to the normal operation of that particular business or enterprise (i.e., hiring a Jewish rabbi to oversee the preparation of kosher foods). The BFOQ exception is extremely limited, and employers should consult with legal counsel before relying on a BFOQ exception.
Religious organizations. It is lawful for religious organizations ...

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