Overview
Please review the information below as well as the information on the Federal Equal Employment Opportunity page and then return to the workplace harassment prevention course tab.
Harassment and discrimination based on a protected characteristic are prohibited under both federal and state law. The federal government and most state governments have agencies that help employers and employees understand these legal requirements and ensure compliance with the laws.
Protected Characteristics
Harassment or discrimination based on any characteristic set forth below is prohibited under state law in Delaware.
Delaware
- age
- color
- disability
- family responsibilities
- gender identity
- genetic information
- marital status
- national origin
- religion
- reproductive health decisions
- sex (including pregnancy)
- sexual orientation
- status as a victim of domestic violence, sexual offenses, or stalking
- race (including hair that is part of the cultural identification of an ethnic group or that is a physical characteristic of an ethnic group such as braids locks or twists)
- volunteer emergency responder status
Applicable Laws
Delaware
The primary state law prohibiting employment discrimination, including harassment, is the Delaware Discrimination in Employment Act.
Delaware Definition of Sexual Harassment
The Delaware Discrimination in Employment Act protects all individuals against discrimination in the workplace based on gender. Sexual harassment is a form of gender discrimination. All individuals in all workplaces, including employees, applicants, apprentices, staffing agency workers, independent contractors, elected officials, and their staff, agricultural workers, domestic workers, and unpaid interns, are protected against harassment and discrimination.
Sexual harassment of an employee is unlawful when the employee is subjected to conduct that includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
submission to such conduct is made either explicitly or implicitly a term or condition of an employee’s employment;
submission to or rejection of such conduct is used as the basis for employment decisions affecting an employee; or
such conduct has the purpose or effect of unreasonably interfering with an employee’s work performance or creating an intimidating, hostile, or offensive working environment.
Some examples of sexual harassment include unwelcome or inappropriate touching, threatening or engaging in adverse action after someone refuses a sexual advance, making lewd or sexual comments about an individual’s appearance, body, or style of dress, conditioning promotions or other opportunities or sexual favors, displaying pornographic images, cartoons, or graffiti on computers, emails, cell phones, bulletin boards, etc., or making sexist remarks or derogatory comments based on gender.
Retaliation Prohibited
It is a violation of federal and Delaware law for an employer to take action against you because you oppose or speak out against sexual harassment in the workplace.
Both federal and state law prohibit employers from retaliating or discriminating against any person because they opposed an unlawful discriminatory practice.
Retaliation can occur through direct actions, such as demotions or terminations, or subtler behavior, such as increased workload or being transferred to a less desirable location.
Both laws protect individuals against retaliation who have a good faith belief that their employer’s conduct is illegal, even if it turns out they were mistaken.
How to File a Complaint in Delaware
Employees may file formal complaints of discrimination, harassment, or retaliation with the agencies listed below. If you wish to pursue filing with these agencies, you should contact them directly to obtain further information about their processes and time limits.
Delaware Department of Labor, Office of Anti-Discrimination
An employment discrimination or harassment claim may be filed with the Delaware Department of Labor, Office of Anti-Discrimination within 300 days of the date of alleged discrimination or harassment. You can contact the Office of Anti-Discrimination as follows:
Phone: 302-761-8200 or 302-424-1134
Office for New Castle County:
Department of Labor
Office of Anti-Discrimination
4425 N. Market Street, 3rd Fl.
Wilmington, DE 19802
Office for Kent and Sussex Counties:
Department of Labor
Office of Anti-Discrimination
Blue Hen Corporate Center
655 S. Bay Road, Suite 2H
Dover, DE 19901
More information about filing a charge with the Office of Anti-Discrimination can be found here.
Equal Employment Opportunity Commission
An employment discrimination or harassment claim against an employer with at least 15 employees may be filed with the U.S. Equal Employment Opportunity Commission (EEOC). You may file a complaint with the Commission within 300 days of the date of alleged discrimination or harassment. To file a charge, call the EEOC or visit them online:
Equal Employment Opportunity Commission
1-800-669-4000
www.EEOC.GOV
1-800-669-6820 (TTY for Deaf/Hard of Hearing callers only)
1-844-234-5122 (ASL Video Phone for Deaf/Hard of Hearing callers only)
More information on federal law prohibiting employment discrimination and harassment is available on the Federal Equal Employment Opportunity page. More information about filing a claim with the EEOC can be found here.
The EEOC District Office for Delaware is as follows:
Philadelphia EEOC District Office
801 Market Street, Suite 1000
Philadelphia, PA 19107-3126
United States
Phone: 1-800-669-4000 | 267-589-9700
Email: PDOContact@eeoc.gov
Fax: 215-440-2606
TTY: 1-800-669-6820 | ASL Video Phone: 844-234-5122
Remedies for Unlawful Harassment or Discrimination
Remedies available for unlawful harassment or discrimination under federal and Delaware law include reinstatement, compensatory damages, punitive damages, reasonable attorneys’ fees and costs, and civil penalties.
The information contained on this page is for informational purposes only.
It does not, and is not intended to, constitute legal advice.