The Delaware Discrimination in Employment Act prohibits employment practices that discriminate on the basis of national origin. Practices that discriminate against resident immigrants who are legally eligible for employment may constitute national origin bias within the meaning of the Act. The Act covers employers with four or more employees.
The Delaware Department of Labor enforces the Discrimination in Employment Act. Complaints of discrimination must be filed with the Department within 120 days of the alleged discriminatory act. The Department is authorized to initiate, receive, refer for mediation, and investigate discrimination complaints; conciliate agreements; issue subpoenas; hold hearings and issue administrative decisions and orders; and enforce its orders in state court.
Remedies can include cease and desist orders, hiring, reinstatement, promotion, back pay, punitive damages, litigation costs, and attorneys’ fees. Violations of the Act's retaliation provisions subject an employer to a fine of up to $5,000 in addition to any liability for damages. After exhausting the administrative remedies and receiving a right-to-sue notice from the Department, a person alleging discrimination may file a private lawsuit in state court.