Discrimination. Under the Delaware Fair Employment Practices Act, employers with four or more employees may not make inquiries of or impose qualifications on prospective employees on the basis of race, marital status, genetic information, color, age (40 and over), religion, sex (including pregnancy), sexual orientation, gender identity, or national origin (Del. Code tit. 19, § 710 et seq.). The Act also prohibits employers from failing or refusing to hire an individual because he or she was the victim of domestic violence, a sexual offense, or stalking.
The Act provides an exception if religion, genetic information, age, sex, sexual orientation, gender identity, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of a particular business or enterprise. These situations are rare, however, and employers should exercise extreme caution in making such determinations.
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. sections.
Disabilities. Under the Delaware Persons with Disabilities Employment Protections Act, employers with four or more employees may not discriminate against qualified individuals with physical or mental disabilities (Del. Code tit. 19, § 720 et seq.).
Once an offer of employment has been made, an employer may require a job applicant to submit to a physical examination, provided either (Del. Code tit. 19, § 720 et seq.):
• The exam is required of all applicants offered employment in the same job category, regardless of disability.