DE · Civil Rights & Disputes

Civil Rights & Disputes in Delaware

By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026

Key Delaware Law

Delaware Discrimination in Employment Act — 19 Del. C. Section 710 et seq.

Delaware's Discrimination in Employment Act prohibits discrimination based on race, color, religion, sex, sexual orientation, gender identity, national origin, age (40+), disability, marital status, and genetic information. Delaware also has a strong Equal Accommodations Law covering public accommodations.

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Procedural Details in Delaware

Delaware's Office of Anti-Discrimination (within the Department of Labor) handles employment discrimination complaints. Delaware has a 120-day filing window with the state agency for employment discrimination — one of the shortest in the country. After exhausting the state process, complainants may obtain a right-to-sue letter and proceed to state or federal court. Delaware covers employers with 4 or more employees. Delaware's Equal Accommodations Law prohibits discrimination in places of public accommodation based on sexual orientation and gender identity. Delaware does not have a codified anti-SLAPP statute, though case law protects some categories of petitioning activity. The defamation statute of limitations is two years under 10 Del. C. Section 8119.

Delaware Agencies & Resources

Delaware Office of Anti-Discrimination

State agency investigating employment discrimination complaints under Delaware law; 120-day filing deadline applies.

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EEOC Philadelphia District Office (DE)

Federal agency handling employment discrimination charges for Delaware workers.

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Delaware State Bar Association — Lawyer Referral

Referral service for civil rights and discrimination attorneys licensed in Delaware.

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Frequently Asked Questions

How long do I have to file a discrimination complaint with Delaware's state agency?

Delaware's Office of Anti-Discrimination requires complaints to be filed within 120 days of the discriminatory act — one of the shortest state filing windows in the country. If you miss the state deadline, you may still be able to file with the EEOC within 300 days for federal claims.

Does Delaware protect sexual orientation and gender identity in public accommodations?

Yes. Delaware's Equal Accommodations Law prohibits discrimination in places of public accommodation based on sexual orientation and gender identity, in addition to the standard protected classes.

Does Delaware have an anti-SLAPP statute?

Delaware does not have a codified general anti-SLAPP statute. Some Delaware courts have recognized common law protections for petitioning activity, but there is no special early-dismissal motion with automatic fee-shifting available statewide.

What is the defamation statute of limitations in Delaware?

Defamation claims in Delaware must generally be filed within two years under 10 Del. C. Section 8119.

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By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026