The Delaware Discrimination in Employment Act prohibits discrimination in employment based on sex (including pregnancy), marital status, sexual orientation, or gender identity, unless a bona fide occupational qualification (BFOQ) exception applies (DE Code Tit. 19 Sec. 710 et seq.). The Act applies to employers with four or more employees, including state and local governments (DE Code Tit. 19 Sec. 710). 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.
Religious organizations are generally excluded from the provisions regarding sexual orientation and gender identity, except when an employee's job duties relate solely to an organization's taxable business income.
Gender identity. 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 sincerely held as part of a person's core identity.
The Act permits employers to have and enforce reasonable workplace appearance, grooming, and dress standards, except that an employee must be permitted to appear, groom, and dress in a manner consistent with the employee's gender identity.
BFOQ exception. An employer may base a hiring or employment decision on an individual's sex (including pregnancy), sexual orientation, or ...