Discrimination: Delaware

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Kathleen Furey McDonough and Michael B. Rush, Potter Anderson & Corroon LLP

Summary

• Delaware law varies from federal law in terms of which employers are subject to the antidiscrimination statutes. An employer may be shielded from liability under Delaware law in certain circumstances. See Prohibition Against EEO Discrimination.
• Delaware law protects certain classes of employees from discriminatory termination that are not covered under federal law. In contrast, the protections for genetic information are less broad than apply under federal law. See Protected Classes.
• Certain information must be posted at a place of employment concerning prohibited employment practices and employee's right to enforcement. Penalties apply for violation of these requirements. See Notice Posting.
• Delaware differs from federal law regarding advertising and solicitation for job applicants. Specific requirements apply with respect to soliciting information from an applicant concerning a statutory disability. See Hiring and Application Process.
• Certain exceptions apply for discriminatory termination relating to the operation of an employer's business. In order for an exception to apply, the employer must demonstrate that certain statutory criteria are satisfied. See Exceptions to EEO Discrimination.