Workplace Issues in Delaware
Key Delaware Law
Delaware Code Title 19, Section 711 (Delaware Discrimination in Employment Act — DDEA)
The Delaware Discrimination in Employment Act prohibits employment discrimination based on race, marital status, genetic information, color, age, religion, sex, sexual orientation, gender identity, national origin, disability, or status as a domestic abuse, sexual offense, or stalking victim. It applies to employers with 4 or more employees.
View official statuteProcedural Details in Delaware
Delaware Agencies & Resources
Delaware Department of Labor — Office of Anti-Discrimination
Investigates employment discrimination complaints under the DDEA. Note: 120-day state filing deadline — much shorter than most states.
Delaware Department of Labor — Division of Industrial Affairs
Handles wage payment complaints and enforcement of Delaware wage and hour laws.
EEOC Philadelphia District Office
Handles federal employment discrimination charges for Delaware workers.
Frequently Asked Questions
How long do I have to file a discrimination complaint in Delaware?
For state claims under the DDEA, you must file with the Delaware Department of Labor's Office of Anti-Discrimination within 120 days of the discriminatory act — one of the shortest state filing deadlines in the country. For federal claims with the EEOC, the deadline is 300 days. Missing the 120-day state deadline can affect your ability to pursue state remedies.
What employers are covered by Delaware's anti-discrimination law?
The Delaware Discrimination in Employment Act applies to employers with 4 or more employees. It expressly protects sexual orientation, gender identity, and domestic violence victims — protections that are broader than federal law in some respects.
What is Delaware's minimum wage?
Delaware's minimum wage is $13.25 per hour in 2024, with increases scheduled to reach $15 per hour by 2025. Tipped employees are subject to a separate tipped minimum wage calculation.
Is Delaware getting paid family leave?
Yes. Delaware's Healthy Delaware Families Act creates a paid family and medical leave program, with benefits anticipated to begin in 2026. Premiums are collected from employees and employers. The program would cover bonding leave, family caregiving, and serious health conditions.
Related Workplace Issues Scenarios
Can I sue for wrongful termination?
Understanding when firing might be illegal and what your employment rights are.
Can I sue for unpaid wages?
Understanding your rights when an employer doesn't pay what you're owed.
Can I sue for retaliation after reporting workplace safety concerns?
Legal protection against employer retaliation for reporting safety violations or refusing unsafe work.
Can I sue for disability discrimination when employer won't accommodate?
Legal options when employers fail to provide reasonable accommodations for qualified disabilities.
Have a Specific Situation in Delaware?
Every situation is unique. Try our educational assessment tool for guidance based on your specific circumstances.