The Delaware Fair Employment Practices Act prohibits employment practices that discriminate because of the sex (including pregnancy), marital status, sexual orientation, or gender identity of a job applicant or employee (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.
The Act covers employers with four or more employees, including state and local governments. Effective January 1, 2019, the sexual harassment provision of the Act defines “employee” to include state employees, unpaid interns, applicants, joint employees, and apprentices (DE Code Tit. 19 Sec. 711A).
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.
The Act prohibits employers from discriminating because an applicant or employee was a victim of domestic violence, a sexual offense, or stalking. An employer is ...