🇺🇸 Delaware EMPLOYMENT LAW — 2026 UPDATE

Delaware Employment Law 2026

⚠️Informational only — not legal or tax advice.

Last Updated: January 20, 2026
Last Reviewed: January 20, 2026
Applicable Period: 2026
Jurisdiction: State of Delaware, United States
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter

Click any item below to jump to the relevant section

Introduction
Employment Law Framework in Delaware
Employee Rights in Delaware
Discrimination Laws in Delaware
Reasonable Accommodations
Employer Obligations in Delaware
Filing Complaints
Remote Work in Delaware
2026 Updates and Recent Changes
Resources
Frequently Asked Questions

Introduction

Delaware employment law establishes the legal framework governing the relationship between employers and employees in the First State. This comprehensive guide provides employees and employers with essential information about their rights and obligations under Delaware and federal law as of 2026.

Delaware employment law covers wage and hour requirements, anti-discrimination protections, workplace safety standards, and employer compliance obligations. The state has enacted significant updates effective in 2026, including the Delaware Paid Leave program, which began accepting claims on January 1, 2026.

This guide addresses both state-specific requirements under Delaware law and federal protections that apply to all Delaware employers and employees. Topics covered include minimum wage rates, overtime requirements, protected classes under discrimination law, reasonable accommodations, employer posting requirements, complaint procedures, and remote work considerations.

Information Sources:

All content in this guide is derived from official government sources, including:

Delaware Code (state statutes)
Delaware Department of Labor official publications
Delaware Division of Industrial Affairs regulations and guidance
U.S. Department of Labor regulations
U.S. Equal Employment Opportunity Commission guidance
Federal statutes (United States Code)

Employment Law Framework in Delaware

1.1 At-Will Employment Doctrine

Delaware follows the at-will employment doctrine. Under this legal principle, either the employer or employee may terminate the employment relationship at any time, with or without cause, and with or without notice, unless a specific contract or legal exception applies.

State Position on At-Will Employment

According to Delaware state government human resources policy:

“Employment with the State of Delaware is at will. This means that the State reserves the right, subject only to the express terms of applicable labor law agreement, statute, or merit rules, to terminate an individual’s employment at any time.”

Source: Delaware Human Resources Procedures Manual Published by: Delaware Department of Human Resources Available at: https://dhr.delaware.gov/policies/documents/hr-procedures-manual.pdf Last updated: State personnel policy document

What At-Will Employment Means for Employees:

Employers can terminate employment without providing a reason (subject to legal exceptions)
Employees can resign at any time without providing a reason
No guaranteed employment duration unless specified in a written contract
Employment continues only as long as both parties agree

What At-Will Employment Means for Employers:

Right to terminate employees for legal reasons or no reason
Right to change terms and conditions of employment
Subject to statutory restrictions and exceptions
Employers are subject to anti-discrimination and anti-retaliation laws

Exceptions to At-Will Employment

Delaware law and courts recognize several exceptions to at-will employment:

1. Written Employment Contracts

Express contracts specifying employment duration or termination procedures
Collective bargaining agreements with union representation
Employment agreements with specific term lengths

2. Implied Contracts

Employee handbooks creating contractual obligations
Oral promises or representations about job security
Established patterns of conduct suggesting employment guarantees

3. Statutory Protections

Terminations violating Delaware’s Discrimination in Employment Act
Terminations violating Delaware’s Handicapped Persons Employment Protection Act
Terminations violating federal civil rights laws
Terminations in retaliation for filing workers’ compensation claims
Terminations for refusing to violate the law

4. Public Policy Exceptions

Terminations that violate established public policy
Terminations for exercising legal rights (e.g., jury duty, voting)
Terminations for reporting illegal activity (whistleblower protections)

1.2 Labor Law vs Employment Law: Understanding the Distinction

Delaware uses both “labor law” and “employment law” terminology. Understanding the distinction helps employees and employers identify applicable rights and obligations.

Employment Law

Employment law is the broader legal framework governing the employer-employee relationship. It includes:

Individual employee rights and protections
Wage and hour requirements
Anti-discrimination laws
Workplace safety regulations
Leave and accommodation requirements
Hiring and termination standards

Employment law applies to virtually all employment relationships in Delaware, whether unionized or non-unionized.

Labor Law

Labor law is a subset of employment law focusing specifically on:

Collective bargaining rights
Union organizing and representation
Labor-management relations
Strikes and work stoppages
Collective bargaining agreements
Union elections and certification

When Employment Law Applies:

All private employers in Delaware
All public employers (state, county, municipal)
Non-union and union workplaces
Individual employee claims and complaints

When Labor Law Applies:

Workplaces with union representation
Union organizing campaigns
Collective bargaining negotiations
Labor disputes and strikes
Union election proceedings

Federal Labor Law

Private sector labor relations in Delaware are primarily governed by federal law:

Source: National Labor Relations Act (NLRA), 29 U.S.C. § 151 et seq. Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-chapter7&num=0&edition=prelim Enforcement: National Labor Relations Board (NLRB) NLRB website: https://www.nlrb.gov/

Public Sector Labor Law

Delaware has specific statutes governing public employee labor relations:

Source: Public Employment Relations Act, Delaware Code Title 19, Chapter 13 Official text: https://delcode.delaware.gov/title19/c013/ Enforcement: Delaware Public Employment Relations Board

1.3 Right-to-Work Status

Delaware is NOT a right-to-work state.

What This Means:

In states without right-to-work laws, employers and unions can negotiate union security agreements requiring:

All employees in bargaining unit to join the union or pay union dues
Union membership or fee payment as condition of employment
Automatic deduction of union dues from employee paychecks (with authorization)

Source: Delaware has not enacted right-to-work legislation Verification: Search of Delaware Code Title 19 and Delaware General Assembly bill history Search conducted: January 7, 2026 Result: No right-to-work statute found in Delaware law

Federal Law Application:

The National Labor Relations Act permits union security agreements in states without right-to-work laws:

Source: National Labor Relations Act, 29 U.S.C. § 158(a)(3) Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section158&num=0&edition=prelim

Practical Implications:

Union shops are legal in Delaware
Employees may be required to pay union dues or fees as condition of employment
Collective bargaining agreements may include union security clauses
Agency fee arrangements are permissible

Employee Rights in Delaware

2.1 Wage and Hour Rights

Delaware establishes specific wage and hour requirements that apply to most employers and employees in the state.

Minimum Wage

Current Delaware minimum wage (2026): $15.00 per hour

Effective date: January 1, 2025 (continuing through 2026)

Statutory authority: Delaware Code Title 19, § 902

According to Delaware Code Title 19, § 902(a)(5):

“Except as may otherwise be provided under this chapter, every employer shall pay to every employee in any occupation wages of a rate: … (5) Not less than $15.00 per hour effective January 1, 2025.”

Source: Delaware Code Title 19, § 902 Official text: https://delcode.delaware.gov/title19/c009/index.html Last amended: 2021 (Senate Bill 15) Legislative history: https://legis.delaware.gov/BillDetail?LegislationId=48445

Federal Minimum Wage:

The federal minimum wage is $7.25 per hour. Delaware’s state minimum wage exceeds the federal rate, requiring Delaware employers to pay the higher state rate.

Source: Fair Labor Standards Act, 29 U.S.C. § 206 Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206&num=0&edition=prelim DOL guidance: https://www.dol.gov/agencies/whd/minimum-wage

Tipped Employees

Delaware allows employers to take a tip credit for employees who customarily receive tips.

According to Delaware Code Title 19, § 902(b):

“Gratuities received by employees engaged in occupations in which gratuities customarily constitute part of the remuneration may be considered wages for purposes of this chapter in an amount equal to the tip credit percentage, as set by the federal government as of June 15, 2006, of the minimum rate as set forth in subsection (a) of this section.”

Current tipped minimum wage (2026): $2.23 per hour (cash wage)

Tip credit: The tip credit percentage is set by federal law at 62.5% of minimum wage

Total compensation requirement: Tips plus cash wage are required to equal or exceed $15.00 per hour

Source: Delaware Code Title 19, § 902(b) Available at: https://delcode.delaware.gov/title19/c009/index.html Division of Industrial Affairs guidance: https://industrialaffairs.delaware.gov/wage-hour

Overtime Requirements

Delaware does not have state-specific overtime requirements beyond federal law. Covered employees in Delaware are entitled to overtime pay under the Fair Labor Standards Act.

Federal overtime requirement:

According to Fair Labor Standards Act, 29 U.S.C. § 207(a)(1):

“Except as otherwise provided in this section, no employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.”

Source: Fair Labor Standards Act Citation: 29 U.S.C. § 207(a)(1) Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section207&num=0&edition=prelim DOL guidance: https://www.dol.gov/agencies/whd/overtime

Overtime rate: Time and one-half (1.5×) regular rate of pay Threshold: Hours worked over 40 in a workweek No daily overtime: Delaware does not require overtime for hours worked in excess of 8 per day

Overtime exemptions:

The FLSA exempts certain employees from overtime requirements, including:

Executive, administrative, and professional employees (meeting specific tests)
Outside sales employees
Certain computer employees
Highly compensated employees (meeting specific tests)

Source: 29 U.S.C. § 213(a)(1) DOL fact sheets: https://www.dol.gov/agencies/whd/fact-sheets

Meal and Rest Break Requirements

Delaware requires meal breaks for most employees who work extended shifts.

According to Delaware Code Title 19, § 707(a):

“An employer must allow an employee an unpaid meal break of at least 30 consecutive minutes, if the employee works 7½ or more consecutive hours. The meal break must be given some time after the first 2 hours of work and before the last 2 hours.”

Source: Delaware Code Title 19, § 707(a) Official text: https://delcode.delaware.gov/title19/c007/sc01/index.html Last amended: Delaware labor law provisions

Meal break details:

Duration: At least 30 consecutive minutes
When required: For employees working 7.5 or more consecutive hours
Timing: After first 2 hours and before last 2 hours of shift
Paid or unpaid: Unpaid (employer not required to compensate)

Exemptions from meal break requirement:

Delaware law provides exemptions for:

Professional employees certified by State Board of Education employed by school boards
Positions covered by collective bargaining agreements with different provisions
Employers with written employer-employee agreements providing otherwise
Situations where compliance would adversely affect public safety
Positions where only one employee can perform the duties
Employers with fewer than 5 employees on a shift at one location (exemption applies only to that shift)

Source: Delaware Code Title 19, § 707(a) Available at: https://delcode.delaware.gov/title19/c007/sc01/index.html

Rest breaks:

Delaware does not require rest breaks (short breaks for coffee, restroom use, etc.). However, if an employer provides short breaks (typically 5-20 minutes), federal law requires that these breaks be paid.

Source: U.S. Department of Labor guidance Available at: https://www.dol.gov/general/topic/workhours/breaks

Payment Frequency and Final Paycheck

Payment frequency:

According to Delaware Code Title 19, § 1102(a):

“Wages must be paid at least once each month.”

Source: Delaware Code Title 19, § 1102(a) Official text: https://delcode.delaware.gov/title19/c011/ Division guidance: https://industrialaffairs.delaware.gov/wage-hour

According to Delaware Division of Industrial Affairs:

“Wages must be paid at least once per month, and all earned wages must be provided within seven days of the end of the pay period.”

Source: Delaware Division of Industrial Affairs, Wage & Hour page Available at: https://industrialaffairs.delaware.gov/wage-hour Last updated: October 28, 2025

Final paycheck timing:

Delaware Code Title 19, § 1102(b) addresses final paycheck requirements:

“Employees must be paid all wages within seven (7) days from the close of each pay period [with some exceptions].”

Source: Delaware Code Title 19, § 1102(b) Available at: https://delcode.delaware.gov/title19/c011/ Official statute: Delaware wage payment law

Final paycheck for terminated employees:

Payment is required within 7 days of the close of the pay period
Payment includes all wages earned through last day worked
No separate “immediate payment” requirement exists for terminated employees

Recordkeeping Requirements

Delaware requires employers to maintain specific employment records.

According to Delaware Code Title 19, § 907:

“Every employer shall make, keep and preserve for a period of not less than 3 years, in or about the premises or place of business or employment, a record of the name, address and occupation of each employee, the rate of pay and the amount paid each pay period to each employee, the hours worked each day and each work week by each employee and such other information or records as the Department shall deem by regulation to be necessary or appropriate to administer or enforce this chapter.”

Source: Delaware Code Title 19, § 907 Official text: https://delcode.delaware.gov/title19/c009/index.html Retention period: 3 years minimum

Required records:

Employee name, address, and occupation
Rate of pay
Amount paid each pay period
Hours worked each day and workweek
Other information required by Department of Labor regulations

Wage Statement Requirements

Employers are required to provide wage statements to employees with specific information.

Source: Delaware Code Title 19, § 1106 Available at: https://delcode.delaware.gov/title19/c011/

2.2 Paid Sick Leave

Delaware does NOT have a general statewide paid sick leave requirement for private employers as of 2026.

Source: Search of Delaware Code Title 19 Search conducted: January 7, 2026 Result: No statewide paid sick leave mandate found for private sector employees

Federal Law:

Federal law does not require private sector employers to provide paid sick leave.

Source: U.S. Department of Labor Available at: https://www.dol.gov/general/topic/workhours/sickleave

Note on Delaware Paid Leave:

Delaware enacted the Delaware Paid Leave program (also called Paid Family and Medical Leave), which is different from paid sick leave. See Section 8.1 for details on this 2026 program.

2.3 Delaware Paid Leave (New in 2026)

Delaware’s Paid Family and Medical Leave (PFML) program became fully operational on January 1, 2026.

According to Delaware Department of Labor announcement published January 1, 2026:

“Beginning today, eligible employees can start submitting claims for Delaware Paid Leave – also known as Paid Family and Medical Leave (PFML). Claims can be submitted at labor.delaware.gov/laborfirst.”

Source: Delaware Department of Labor press release Title: “Delaware Employees Can Now Begin to File Claims for Paid Family Leave” Published: January 1, 2026 Available at: https://news.delaware.gov/2026/01/01/delaware-employees-can-now-begin-to-file-claims-for-paid-family-leave/

Legal Authority:

Source: Healthy Delaware Families Act Signed into law: May 10, 2022 Citations: Delaware Code Title 19, Chapters 37-38 Effective date: January 1, 2026 (benefit claims) Contribution collection began: January 1, 2025

Covered Leave Types:

According to Delaware Department of Labor:

“Delaware Paid Leave provides wage-replacement benefits to workers who need time away from their jobs due to:

Medical Leave: A serious health condition impacting the employee.
Family Caregiver Leave: Caring for a family member with a serious health condition.
Parental Leave: Welcoming a new child through birth, adoption, or foster placement.”

Source: Delaware Department of Labor, Paid Leave page Available at: https://labor.delaware.gov/delaware-paid-leave/ Last updated: January 1, 2026

Additional qualifying reason:

Military family leave: Assist while a loved one is on an overseas military deployment (up to 6 weeks every 24 months)

Eligibility Requirements:

Employees are required to meet the following criteria:

According to Delaware Department of Labor:

“Delaware Paid Leave offers paid leave to employees who have been employed for at least one year and have worked at least 1,250 hours with a single employer.”

Source: Delaware Department of Labor Available at: https://labor.delaware.gov/delaware-paid-leave/

Eligibility requirements:

At least one year of employment with single Delaware employer
At least 1,250 hours worked with that employer
Wages earned in Delaware that are subject to contributions are required

Benefit Amounts:

According to Delaware Department of Labor:

“If leave is approved, an employee will get up to 80% of their wages (up to $900 per week) to cover” approved leave reasons.

Source: Delaware Department of Labor Available at: https://labor.delaware.gov/delaware-paid-leave/

Benefit rate: Up to 80% of average weekly wages Maximum weekly benefit: $900 per week Calculation: Based on employee’s average weekly wages in Delaware

Leave Duration:

Maximum leave periods per qualifying event:

Parental leave: Up to 12 weeks per year
Medical leave: Up to 6 weeks every 24 months
Family caregiver leave: Up to 6 weeks every 24 months
Military family leave: Up to 6 weeks every 24 months
Combined maximum: 12 weeks per year (cannot exceed this total)

Source: Delaware Department of Labor Available at: https://labor.delaware.gov/delaware-paid-leave/

Employer Coverage:

According to Employers and Third Party Administrators Guide:

“Participating in Delaware Paid Leave is mandatory for most businesses with 10 or more employees working in Delaware.”

Source: Employers and TPAs Guide to Delaware Paid Leave Published by: Delaware Department of Labor Available at: https://laborfiles.delaware.gov/main/pfl/Employer_and_TPAs_Guide_to_DPL.pdf

Employer requirements:

Employers with 10+ Delaware employees are required to participate
Employers with fewer than 10 employees are not required to participate
Employee count based on “eligible employees” working in Delaware

Funding:

The program is funded through payroll contributions:

According to Delaware Department of Labor:

“The program will be funded by less than 1% of an employee’s weekly salary. Employers can require employees to contribute up to half the cost.”

Source: Delaware Department of Labor Available at: https://labor.delaware.gov/delaware-paid-leave/

Contribution details:

Total contribution rate: Less than 1% of wages
Employer share: At least 50% of contribution
Employee share: Up to 50% of contribution (employer can require)
Wage cap: Contributions capped at FICA wage limit ($183,600 for 2026)

Filing Claims:

Employees file claims through the Delaware LaborFirst system:

Claims portal: https://labor.delaware.gov/laborfirst Contact for questions: PFMLClaims@delaware.gov Phone: (302) 761-8375

Source: Delaware Department of Labor Available at: https://labor.delaware.gov/delaware-paid-leave/

Relationship to FMLA:

Delaware Paid Leave operates separately from the federal Family and Medical Leave Act (FMLA), but employers are required to coordinate the two:

FMLA provides unpaid, job-protected leave for eligible employees
Delaware Paid Leave provides wage replacement
Employers with 50+ employees are required to comply with both
Leave may run concurrently under both laws

Source: Employers and TPAs Guide to Delaware Paid Leave Available at: https://laborfiles.delaware.gov/main/pfl/Employer_and_TPAs_Guide_to_DPL.pdf

Discrimination Laws in Delaware

3.1 Overview of Delaware’s Discrimination Framework

Delaware prohibits employment discrimination through two primary state statutes:

Delaware Discrimination in Employment Act (DDEA)
Handicapped Persons Employment Protection Act (HPEPA)

These state laws work in conjunction with federal anti-discrimination laws to protect Delaware employees and job applicants.

Primary Enforcement Agency:

Delaware Division of Industrial Affairs, Office of Anti-Discrimination

According to Delaware Department of Labor:

“The Office of Anti-Discrimination enforces laws against employment discrimination because of race, color, religion, sex (including pregnancy), sexual orientation, national origin, disability, age (40 or older), marital status or genetic information.”

Source: Delaware Department of Labor website Available at: https://labor.delaware.gov/category/dia/office-of-anti-discrimination/ Current location: https://industrialaffairs.delaware.gov/

Office contact information:

Phone: (302) 761-8200
Address: Delaware Division of Industrial Affairs (location updated to new site)
Website: https://industrialaffairs.delaware.gov/

Employer Coverage Threshold:

According to Delaware Code Title 19, § 710(7):

“‘Employer’ means any person employing 4 or more employees within the State at the time of the alleged violation, including the State or any political subdivision or board, department, commission or school district thereof.”

Source: Delaware Code Title 19, § 710(7) Official text: https://delcode.delaware.gov/title19/c007/sc02/ Last amended: 2024

Coverage requirements:

Applies to employers with 4 or more employees
Includes private employers
Includes state and local government employers
Includes employment agencies and labor organizations

Exception for religious employers:

The definition of employer continues:

“The term ’employer’ with respect to discriminatory practices based upon sexual orientation or gender identity does not include religious corporations, associations or societies whether supported, in whole or in part, by government appropriations, except where the duties of the employment or employment opportunity pertain solely to activities of the organization that generate unrelated business taxable income subject to taxation under § 511(a) of the Internal Revenue Code of 1986 [26 U.S.C. § 511(a)].”

Source: Delaware Code Title 19, § 710(7) Available at: https://delcode.delaware.gov/title19/c007/sc02/

3.2 Protected Classes Under Delaware Law

Delaware law prohibits employment discrimination based on numerous protected characteristics.

State-Protected Classes:

According to Delaware Code Title 19, § 711(b)(1), it is unlawful for an employer to:

“Fail or refuse to hire or to discharge any individual or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment because of such individual’s race, marital status, genetic information, color, age, religion, sex (including pregnancy), sexual orientation, gender identity, national origin, military status, or housing status.”

Source: Delaware Code Title 19, § 711(b)(1) Official text: https://delcode.delaware.gov/title19/c007/sc02/ Last amended: 2024

Complete list of Delaware state-protected classes:

Race – Includes traits historically associated with race, including hair texture and protective hairstyles
Color
Religion – Includes all aspects of religious observance and practice, as well as belief
Sex – Including pregnancy, childbirth, and related conditions
National origin
Age – 40 years of age or older
Marital status
Genetic information
Sexual orientation – Includes heterosexuality, homosexuality, bisexuality, asexuality, or pansexuality
Gender identity – A gender-related identity, appearance, expression or behavior of a person, regardless of assigned sex at birth
Military status – Status as member of uniformed forces, veteran, or dependent of servicemember
Housing status
Family responsibilities – Obligations to care for family members qualifying under FMLA
Reproductive health decisions – Decisions related to use of contraception, fertility control, or pregnancy
Protective hairstyle – Includes braids, locks, and twists

Source: Delaware Code Title 19, §§ 710, 711 Available at: https://delcode.delaware.gov/title19/c007/sc02/

Disability as Protected Class:

Disability discrimination is addressed separately under the Handicapped Persons Employment Protection Act (HPEPA).

According to Delaware Department of Labor:

“Title I of the Handicapped Persons Employment Protection Act (HPEPA) prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities.”

Source: Delaware Department of Labor Available at: https://labor.delaware.gov/category/dia/office-of-anti-discrimination/

Coverage:

Applies to employers with 15 or more employees for disability discrimination
Parallels federal Americans with Disabilities Act requirements
Provides state-level enforcement mechanism

Specific Definitions of Protected Classes:

Age:

According to Delaware Code Title 19, § 710(1):

“‘Age’ means the age of 40 or more years of age.”

Source: Delaware Code Title 19, § 710(1) Available at: https://delcode.delaware.gov/title19/c007/sc02/

Race:

According to Delaware Code Title 19, § 710(22):

“‘Race’ includes traits historically associated with race, including hair texture and a protective hairstyle.”

Protective hairstyle:

“‘Protective hairstyle’ includes braids, locks, and twists.”

Source: Delaware Code Title 19, § 710(20), (22) Available at: https://delcode.delaware.gov/title19/c007/sc02/

Gender Identity:

According to Delaware Code Title 19, § 710(10):

“‘Gender identity’ means a gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth.”

Source: Delaware Code Title 19, § 710(10) Available at: https://delcode.delaware.gov/title19/c007/sc02/

Sexual Orientation:

According to Delaware Code Title 19, § 710(30):

“‘Sexual orientation’ includes heterosexuality, homosexuality, bisexuality, asexuality, or pansexuality.”

Source: Delaware Code Title 19, § 710(30) Available at: https://delcode.delaware.gov/title19/c007/sc02/

Military Status:

According to Delaware Code Title 19, § 710(16):

“‘Military status’ means status as any of the following: a. A member of the uniformed forces, as defined in 10 U.S.C. § 101, or a reserve component thereof listed under 10 U.S.C. § 10101. b. A ‘veteran’ as defined in 38 U.S.C. § 101. c. A ‘dependent’ of a servicemember as defined in 50 U.S.C. § 3911.”

Source: Delaware Code Title 19, § 710(16) Available at: https://delcode.delaware.gov/title19/c007/sc02/

Family Responsibilities:

According to Delaware Code Title 19, § 710(9):

“‘Family responsibilities’ means the obligations of an employee to care for any family member who would qualify as a covered family member under the Family and Medical Leave Act [29 U.S.C. § 2601 et seq.].”

Source: Delaware Code Title 19, § 710(9) Available at: https://delcode.delaware.gov/title19/c007/sc02/

Housing Status:

According to Delaware Code Title 19, § 710(12):

“‘Housing status’ means as defined in § 204 of Title 19.”

Source: Delaware Code Title 19, § 710(12) Available at: https://delcode.delaware.gov/title19/c007/sc02/

Federal Protected Classes:

Federal law provides additional protections that apply to all Delaware employers meeting federal thresholds:

Title VII of the Civil Rights Act (race, color, religion, sex, national origin):

According to 42 U.S.C. § 2000e-2(a)(1), it is unlawful for an employer to:

“fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.”

Source: Title VII of the Civil Rights Act Citation: 42 U.S.C. § 2000e-2(a)(1) Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e-2&num=0&edition=prelim EEOC guidance: https://www.eeoc.gov/laws/statutes/titlevii.cfm Applies to: Employers with 15 or more employees

Age Discrimination in Employment Act (age 40+):

Source: ADEA, 29 U.S.C. § 621 et seq. Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-chapter14&num=0&edition=prelim EEOC guidance: https://www.eeoc.gov/age-discrimination Applies to: Employers with 20 or more employees

Americans with Disabilities Act (disability):

Source: ADA, 42 U.S.C. § 12101 et seq. Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-chapter126&num=0&edition=prelim EEOC guidance: https://www.eeoc.gov/disability-discrimination Applies to: Employers with 15 or more employees

Genetic Information Nondiscrimination Act (genetic information):

Source: GINA, 42 U.S.C. § 2000ff et seq. Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-chapter21F&num=0&edition=prelim EEOC guidance: https://www.eeoc.gov/genetic-information-discrimination Applies to: Employers with 15 or more employees

3.3 Types of Prohibited Discrimination

Delaware law prohibits various forms of discriminatory employment practices.

Discriminatory Practices by Employers:

According to Delaware Code Title 19, § 711(b), unlawful employment practices for employers include:

1. Hiring and Firing Discrimination:

2. Terms and Conditions Discrimination:

“Limit, segregate or classify employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect the individual’s status as an employee because of such individual’s [protected class].”

Source: Delaware Code Title 19, § 711(b)(1)-(2) Available at: https://delcode.delaware.gov/title19/c007/sc02/

Examples of prohibited discriminatory practices:

Refusing to hire qualified applicants based on protected class
Terminating employees because of protected class
Paying different wages based on protected class
Denying promotions based on protected class
Providing different benefits based on protected class
Creating hostile work environment based on protected class
Segregating employees based on protected class
Retaliating against employees for opposing discrimination

Pregnancy Discrimination:

Delaware provides specific protections for pregnancy discrimination.

According to Delaware Code Title 19, § 711(b)(3), it is unlawful for an employer to:

“For any employment-related purpose, fail or refuse to treat an employee or applicant for employment that the employer knows or should know is affected by pregnancy as well as the employer treats or would treat any other employee or applicant not so affected but similar in the ability or inability to work.”

Source: Delaware Code Title 19, § 711(b)(3) Available at: https://delcode.delaware.gov/title19/c007/sc02/

Prohibited pregnancy discrimination includes:

Treating pregnant employees less favorably than other employees
Refusing to hire pregnant applicants
Forcing pregnant employees to take leave
Failing to provide reasonable pregnancy accommodations
Taking adverse action for requesting pregnancy accommodations

Wage Disclosure Discrimination:

Delaware prohibits discrimination based on wage discussions.

According to Delaware Code Title 19, § 711(j), it is unlawful for an employer to:

“(1) Require as a condition of employment that an employee refrain from inquiring about, discussing, or disclosing that employee’s wages or the wages of another employee.

(2) Require an employee to sign a waiver or other document which purports to deny an employee the right to disclose or discuss that employee’s wages.

(3) Discharge, formally discipline, or otherwise discriminate against an employee for inquiring about, discussing, or disclosing that employee’s wages or the wages of another employee.”

Source: Delaware Code Title 19, § 711(j) Available at: https://delcode.delaware.gov/title19/c007/sc02/

Reproductive Health Decision Discrimination:

According to Delaware Code Title 19, § 711(k):

“It shall be an unlawful employment practice for an employer to fail or refuse to hire or to discharge any individual or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment because of a reproductive health decision by the individual.”

“Reproductive health decision” definition:

According to Delaware Code Title 19, § 710(26):

“‘Reproductive health decision’ means any decision related to the use or intended use of a particular drug, device, or medical service, including the use or intended use of contraception or fertility control or the planned or intended initiation or termination of a pregnancy.”

Source: Delaware Code Title 19, §§ 710(26), 711(k) Available at: https://delcode.delaware.gov/title19/c007/sc02/

Family Responsibilities Discrimination:

According to Delaware Code Title 19, § 711(l)(1), it is unlawful for an employer to:

“Fail or refuse to hire or to discharge any individual or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment because of the individual’s family responsibilities, except with respect to the employer’s attendance and absenteeism standards that are not protected by other applicable law and inasmuch as the employee’s performance at work meets satisfactory standards.”

Important limitation:

“This subsection does not create any obligation for an employer to make special accommodations for an employee with family responsibilities, so long as all policies related to leave, scheduling, absenteeism, work performance, and benefits are applied in a nondiscriminatory manner.”

Source: Delaware Code Title 19, § 711(l) Available at: https://delcode.delaware.gov/title19/c007/sc02/

Discrimination by Employment Agencies:

According to Delaware Code Title 19, § 711(c):

“It is an unlawful employment practice for an employment agency to fail or refuse to refer for employment or otherwise to discriminate against any individual because of race, marital status, genetic information, color, age, religion, sex (including pregnancy), sexual orientation, gender identity, national origin, military status, or housing status or to classify or refer for employment any individual on the basis of [protected classes].”

Source: Delaware Code Title 19, § 711(c) Available at: https://delcode.delaware.gov/title19/c007/sc02/

Discrimination by Labor Organizations:

According to Delaware Code Title 19, § 711(d), it is unlawful for a labor organization to:

“(1) Exclude or expel from its membership or otherwise to discriminate against any individual because of [protected class].

(2) Limit, segregate, or classify its membership, or to classify or fail or refuse to refer for employment any individual in any way which would deprive or tend to deprive any individual of employment opportunities or would limit such employment opportunities or otherwise adversely affect the individual’s status as an employee or as an applicant for employment because of such individual’s [protected class].

(3) Cause or attempt to cause an employer to discriminate against an individual in violation of this section.”

Source: Delaware Code Title 19, § 711(d) Available at: https://delcode.delaware.gov/title19/c007/sc02/

3.4 Sexual Harassment

Delaware has comprehensive sexual harassment protections under state law.

Legal Framework:

According to Delaware Code Title 19, § 711A(a):

“The State of Delaware is committed to ensuring that all Delawareans experience a safe and respectful workplace free of sexual harassment. Complaints of sexual harassment will be taken seriously and employers will be held accountable for sexual harassment in the workplace.”

Source: Delaware Code Title 19, § 711A Enacted: 2018 (81st General Assembly) Official text: https://delcode.delaware.gov/title19/c007/sc02/

Definition of Sexual Harassment:

According to Delaware Code Title 19, § 711A(c):

“Sexual harassment of an employee is an unlawful employment practice 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:

(1) Submission to such conduct is made either explicitly or implicitly a term or condition of an employee’s employment;

(2) Submission to or rejection of such conduct is used as the basis for employment decisions affecting an employee; or

(3) 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.”

Source: Delaware Code Title 19, § 711A(c) Available at: https://delcode.delaware.gov/title19/c007/sc02/

Two Types of Sexual Harassment:

1. Quid Pro Quo Sexual Harassment:

Submission to sexual conduct is condition of employment
Employment decisions based on acceptance or rejection of sexual conduct
“Something for something” harassment
Examples: Promotion conditioned on sexual favors; termination for refusing advances

2. Hostile Work Environment Sexual Harassment:

Conduct creates intimidating, hostile, or offensive work environment
Conduct unreasonably interferes with work performance
May involve multiple incidents creating pervasive environment
Examples: Repeated unwelcome comments; display of sexually explicit materials; persistent unwelcome touching

Who is Covered:

According to Delaware Code Title 19, § 711A(b)(4):

“‘Employee’ means an individual employed by an employer and includes state employees, unpaid interns, applicants, joint employees and apprentices.”

Source: Delaware Code Title 19, § 711A(b)(4) Available at: https://delcode.delaware.gov/title19/c007/sc02/

Coverage includes:

Paid employees
Unpaid interns
Job applicants
Joint employees
Apprentices

Employer Liability for Sexual Harassment:

According to Delaware Code Title 19, § 711A(d), an employer is responsible for sexual harassment when:

“(1) A supervisor’s sexual harassment results in a negative employment action of an employee;

(2) The employer knew or should have known of the non-supervisory employee’s sexual harassment of an employee and failed to take appropriate corrective measures; or

(3) A negative employment action is taken against an employee in retaliation for the employee filing a discrimination charge, participating in an investigation of sexual harassment, or testifying in any proceeding or lawsuit about the sexual harassment of an employee.”

Source: Delaware Code Title 19, § 711A(d) Available at: https://delcode.delaware.gov/title19/c007/sc02/

Affirmative Defense for Employers:

According to Delaware Code Title 19, § 711A(e), in actions under paragraph (d)(2) (non-supervisor harassment), it is an affirmative defense if the employer proves:

“(1) The employer exercised reasonable care to prevent and correct any harassment promptly; and

(2) The employee unreasonably failed to take advantage of any preventative or corrective opportunities provided by the employer.”

Source: Delaware Code Title 19, § 711A(e) Available at: https://delcode.delaware.gov/title19/c007/sc02/

Sexual Harassment Training Requirements:

Delaware requires sexual harassment training for employers with 50 or more employees.

According to Delaware Code Title 19, § 711A(g):

“An employer shall provide interactive training and education to employees regarding the prevention of sexual harassment.”

Source: Delaware Code Title 19, § 711A(g) Enacted: 2018 Available at: https://delcode.delaware.gov/title19/c007/sc02/

Training schedule for general employees:

According to Delaware Code Title 19, § 711A(g)(2):

“Such training shall be provided to employees as follows: a. To new employees within 1 year of the commencement of employment and thereafter every 2 years; b. To existing employees by January 1, 2020, and thereafter every 2 years.”

Source: Delaware Code Title 19, § 711A(g)(2) Available at: https://delcode.delaware.gov/title19/c007/sc02/

Timing requirements:

New employees: Within 1 year of hire, then every 2 years
Existing employees: By January 1, 2020, then every 2 years
Interactive training required

Training content requirements:

According to Delaware Code Title 19, § 711A(g)(3), training is required to include:

“a. The illegality of sexual harassment; b. The definition of sexual harassment using examples; c. The legal remedies and complaint process available to the employee. d. Directions on how to contact the Department. e. The legal prohibition against retaliation.”

Source: Delaware Code Title 19, § 711A(g)(3) Available at: https://delcode.delaware.gov/title19/c007/sc02/

Additional supervisor training:

According to Delaware Code Title 19, § 711A(g)(4), employers are required to provide additional training to supervisors including:

“1. The specific responsibilities of a supervisor regarding the prevention and correction of sexual harassment; 2. The legal prohibition against retaliation.”

Source: Delaware Code Title 19, § 711A(g)(4) Available at: https://delcode.delaware.gov/title19/c007/sc02/

Supervisor training schedule:

New supervisors: Within 1 year of becoming supervisor, then every 2 years
Existing supervisors: By January 1, 2020, then every 2 years

Training requirements by employer:

Applies only to employers with 50 or more employees in Delaware
Employers do not count applicants or independent contractors toward the 50-employee threshold
No training required for employees employed less than 6 months continuously
Employment agencies are required to provide training to employees placed by the agency

Information Sheet Requirement:

All Delaware employers (regardless of size) are required to distribute sexual harassment information sheets.

According to Delaware Code Title 19, § 711A(f)(3):

“Every employer shall distribute, physically or electronically, the information sheet to its employees as follows: a. To new employees at the commencement of employment; b. To existing employees by July 1, 2019.”

Source: Delaware Code Title 19, § 711A(f)(3) Available at: https://delcode.delaware.gov/title19/c007/sc02/

Information sheet contents:

The Department of Labor information sheet is required to contain:

The illegality of sexual harassment
The definition of sexual harassment under state law using examples
The legal remedies and complaint process available through the Department
Directions on how to contact the Department
The legal prohibition against retaliation

Obtaining information sheet:

The Delaware Department of Labor provides the information sheet:

Available at Department offices
Available on Department website
Mailed upon request with self-addressed stamped envelope

Source: Delaware Department of Labor Contact: Office of Anti-Discrimination Website: https://industrialaffairs.delaware.gov/

Reasonable Accommodations

4.1 Disability Accommodations

Delaware law requires employers to provide reasonable accommodations to qualified individuals with disabilities.

Legal Framework:

Disability accommodations are governed by:

Delaware Handicapped Persons Employment Protection Act (HPEPA), Delaware Code Title 19, Chapter 7, Subchapter III
Federal Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq.

Employer Coverage:

State law: Employers with 15 or more employees
Federal ADA: Employers with 15 or more employees

Source: Delaware Code Title 19, Chapter 7, Subchapter III Available at: https://delcode.delaware.gov/title19/c007/sc03/

Reasonable Accommodation Requirement:

Employers are required to provide reasonable accommodations to qualified individuals with disabilities unless doing so would impose an undue hardship.

Federal ADA requirement:

According to 42 U.S.C. § 12112(b)(5)(A), discrimination includes:

“not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity.”

Source: Americans with Disabilities Act Citation: 42 U.S.C. § 12112(b)(5)(A) Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12112&num=0&edition=prelim EEOC guidance: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada

Types of Reasonable Accommodations:

Reasonable accommodations may include:

Modifications to work schedule or shifts
Modifications to job duties or restructuring
Acquisition of assistive equipment or devices
Modifications to workplace facilities for accessibility
Provision of readers or interpreters
Reassignment to vacant positions
Modified work policies or procedures
Telecommuting or remote work arrangements

Source: U.S. Equal Employment Opportunity Commission Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada

4.2 Interactive Process for Disability Accommodations

Employers and employees are required to engage in an interactive process to identify appropriate reasonable accommodations.

Interactive Process Steps:

Step 1: Recognize the Accommodation Request

Employee or applicant requests accommodation
Request need not be in writing or use specific terminology
Request can be made verbally or in writing
Employee need not mention ADA or use term “reasonable accommodation”

Step 2: Gather Information

Employer may request medical documentation of disability
Employer may request information about functional limitations
Employer may request information about how accommodation would address limitations
Employee provides necessary information

Step 3: Explore Accommodation Options

Both parties discuss possible accommodations
Consider employee’s preference for specific accommodation
Identify effective accommodations that address limitations
Evaluate multiple potential accommodations

Step 4: Choose and Implement Accommodation

Employer selects effective accommodation
Employer not required to provide employee’s preferred accommodation
Employer is required to provide effective accommodation that works
Implementation on reasonable timeline

Step 5: Monitor and Adjust

Assess whether accommodation is effective
Make adjustments if accommodation not working
Ongoing communication between employer and employee
Revisit if employee’s needs change

Source: U.S. Equal Employment Opportunity Commission Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada

4.3 Undue Hardship Exception

Employers are not required to provide accommodations that would impose an undue hardship.

Delaware Definition:

According to Delaware Code Title 19, § 710(32):

“‘Undue hardship’ means an action requiring significant difficulty or expense when considered in light of factors such as: the nature and cost of the accommodation; the overall financial resources of the employer; the overall size of the business of the employer with respect to the number of employees, and the number, type and location of its facilities; and the effect on expenses and resources or the impact otherwise of such accommodation upon the operation of the employer.”

Source: Delaware Code Title 19, § 710(32) Available at: https://delcode.delaware.gov/title19/c007/sc02/

Undue hardship factors:

Nature and cost of accommodation
Employer’s overall financial resources
Size of business
Number of employees
Number, type, and location of facilities
Effect on expenses and resources
Impact on business operations

Burden of proof:

Employer bears burden of proving undue hardship
Employer is required to show specific, significant difficulty or expense
Cannot rely on generalized concerns
Employer is required to consider specific circumstances

Source: EEOC guidance Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada

4.4 Religious Accommodations

Employers must provide reasonable accommodations for sincerely held religious beliefs unless doing so creates undue hardship.

Delaware Definition:

According to Delaware Code Title 19, § 710(25):

“‘Religion’ includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that the employer is unable to reasonably accommodate an employee’s or prospective employee’s religious observance or practice without undue hardship on the conduct of the employer’s business.”

Source: Delaware Code Title 19, § 710(25) Available at: https://delcode.delaware.gov/title19/c007/sc02/

Federal Requirement:

Title VII of the Civil Rights Act requires religious accommodations.

Source: Title VII, 42 U.S.C. § 2000e(j) Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e&num=0&edition=prelim EEOC guidance: https://www.eeoc.gov/laws/guidance/section-12-religious-discrimination

Common religious accommodations:

Schedule modifications for religious observances
Voluntary shift swaps or substitutions
Exceptions to dress or grooming policies
Use of leave for religious observances
Modifications to job duties conflicting with religious beliefs

Undue hardship for religious accommodations:

More than de minimis cost to business operations
Lower standard than disability accommodation undue hardship
May include impact on workplace efficiency, safety, or other employees

Source: EEOC guidance Available at: https://www.eeoc.gov/laws/guidance/section-12-religious-discrimination

4.5 Pregnancy Accommodations

Delaware provides specific pregnancy accommodation requirements.

Pregnancy Accommodation Requirement:

According to Delaware Code Title 19, § 711(b)(3)(b), it is unlawful for an employer to:

“Fail or refuse to make reasonable accommodations to the known limitations related to the pregnancy of an applicant for employment or employee, unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such employer.”

Source: Delaware Code Title 19, § 711(b)(3)(b) Available at: https://delcode.delaware.gov/title19/c007/sc02/

Definition of Reasonable Accommodation:

According to Delaware Code Title 19, § 710(23):

“‘Reasonable accommodation’ has the meaning given this term in § 722 of this title, except that all references to disability shall instead be references to known limitations of a person related to pregnancy, childbirth, or a related condition. Accommodations available under this subchapter may include, but are not limited to, acquisition of equipment for sitting, more frequent or longer breaks, periodic rest, assistance with manual labor, job restructuring, light duty assignments, modified work schedules, temporary transfers to less strenuous or hazardous work, time off to recover from childbirth, or break time and appropriate facilities for expressing breast milk.”

Source: Delaware Code Title 19, § 710(23) Available at: https://delcode.delaware.gov/title19/c007/sc02/

Examples of pregnancy accommodations:

Equipment for sitting
More frequent or longer breaks
Periodic rest periods
Assistance with manual labor
Job restructuring
Light duty assignments
Modified work schedules
Temporary transfers to less strenuous or hazardous work
Time off to recover from childbirth
Break time and facilities for expressing breast milk

Prohibited Actions:

According to Delaware Code Title 19, § 711(b)(3), employers cannot:

“(c) Deny employment opportunities to a job applicant or employee, if such denial is based on the need of the employer to make reasonable accommodations to the known limitations related to the pregnancy of an employee or applicant for employment;

(d) Require an applicant for employment or employee affected by pregnancy to accept an accommodation that such applicant or employee chooses not to accept, if such applicant or employee does not have a known limitation related to pregnancy or if such accommodation is unnecessary for the applicant or employee to perform the essential duties of her job;

(e) Require an employee to take leave under any leave law or policy of the employer if another reasonable accommodation can be provided to the known limitations related to the pregnancy of the employee; or

(f) Take adverse action against an employee in the terms, conditions, or privileges of employment for requesting or using a reasonable accommodation to the known limitations related to the pregnancy of the employee.”

Source: Delaware Code Title 19, § 711(b)(3)(c)-(f) Available at: https://delcode.delaware.gov/title19/c007/sc02/

Notice Requirements:

Employers must provide notice to employees about pregnancy accommodation rights.

According to Delaware Code Title 19, § 716(b)(1):

“An employer shall provide notice of the right to be free from discrimination in relation to pregnancy, childbirth, and related conditions, including the right to reasonable accommodation to known limitations related to pregnancy, childbirth, and related conditions, pursuant to § 711(b)(3) of this title as follows:

a. In writing to new employees at the commencement of employment; b. Orally or in writing to existing employees by January 7, 2015; and c. Orally or in writing to any employee who notifies the employer of her pregnancy within 10 days of such notification.”

Source: Delaware Code Title 19, § 716(b)(1) Available at: https://delcode.delaware.gov/title19/c007/sc02/

Posting requirement:

“The notice required by paragraph (b)(1) of this section shall also be conspicuously posted at an employer’s place of business in an area accessible to employees.”

Source: Delaware Code Title 19, § 716(b)(2) Available at: https://delcode.delaware.gov/title19/c007/sc02/

4.6 Domestic Violence, Sexual Offense, and Stalking Accommodations

Delaware requires reasonable accommodations for victims of domestic violence, sexual offenses, and stalking.

According to Delaware Code Title 19, § 711(i)(1), it is unlawful for an employer to:

“a. Fail or refuse to hire or to discharge any individual or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment because the individual was the victim of domestic violence, a sexual offense, or stalking.

b. Fail or refuse to make reasonable accommodations to the limitations known to the employer and related to domestic violence, a sexual offense, or stalking, unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such employer.”

Source: Delaware Code Title 19, § 711(i)(1) Available at: https://delcode.delaware.gov/title19/c007/sc02/

Definition of reasonable accommodations:

According to Delaware Code Title 19, § 711(i)(1)(c):

“‘Reasonable accommodations’ means making reasonable changes in the workplace, including reasonable changes in the schedules or duties of the job in question that would accommodate the person who was the victim of domestic violence, a sexual offense, or stalking, enabling such person to satisfactorily perform the essential duties of the job in question. Reasonable accommodations include allowing the individual to use accrued leave to address the domestic abuse, sexual offense, or stalking.”

Source: Delaware Code Title 19, § 711(i)(1)(c) Available at: https://delcode.delaware.gov/title19/c007/sc02/

Examples of accommodations:

Schedule changes
Duty modifications
Use of accrued leave
Security measures at workplace
Temporary transfer to different location
Change of work telephone number or email

4.7 How to Request Accommodations

For Employees:

Step 1: Notify employer of need for accommodation

Inform supervisor, HR, or appropriate manager
Can be verbal or written request
Explain need for accommodation
Describe how limitation affects work

Step 2: Provide necessary documentation (if requested)

Medical documentation for disability or pregnancy
Court orders or official documents for domestic violence situations
Verification as requested by employer
Only information relevant to accommodation need

Step 3: Participate in interactive process

Discuss possible accommodations with employer
Provide input on what accommodations would be effective
Be flexible and consider multiple options
Work cooperatively to identify solutions

Step 4: Follow up

Ensure accommodation is implemented
Notify employer if accommodation needs adjustment
Maintain communication about effectiveness

For Employers:

Step 1: Recognize accommodation requests

Train managers to identify accommodation requests
Accept requests in any form (verbal or written)
Document all accommodation requests
Respond promptly to requests

Step 2: Engage in interactive process

Meet with employee to discuss needs
Request necessary documentation
Explore accommodation options
Consider employee preferences

Step 3: Determine and implement accommodation

Select effective accommodation
Document accommodation decision
Implement in reasonable timeframe
Communicate decision to employee

Step 4: Monitor and adjust

Follow up on accommodation effectiveness
Make changes if needed
Document all actions taken
Maintain confidentiality

Employer Obligations in Delaware

5.1 Required Workplace Postings

Delaware employers must display specific labor law posters in conspicuous locations where employees can readily see them.

State Posting Requirements:

According to Delaware Code Title 19, § 716(a):

“Every employer, employment agency and labor organization, as the case may be, shall post and keep posted in conspicuous places upon its premises where notices to employees, and applicants for employment are customarily posted, a notice to be prepared or approved by the Department setting forth excerpts from or summaries of the pertinent provisions of this subchapter and subchapter III of this chapter and information pertinent to the filing of a complaint.”

Source: Delaware Code Title 19, § 716(a) Official text: https://delcode.delaware.gov/title19/c007/sc02/

Required Delaware posters:

1. Delaware Labor Law Poster (All-in-One)

Content: Minimum wage, wage payment, child labor, meal breaks, discrimination
Source: Delaware Division of Industrial Affairs
Available at: https://laborfiles.delaware.gov/main/dia/olle/Labor_Law_Poster.pdf
Format: PDF download
Size: 11″ x 17″

2. Delaware Discrimination in Employment Act Notice

Content: Protected classes, filing complaints, contact information
Source: Office of Anti-Discrimination
Required by: Delaware Code Title 19, § 716(a)

3. Pregnancy Accommodation Notice

Content: Right to pregnancy accommodations
Required by: Delaware Code Title 19, § 716(b)
Posting location: Conspicuous area accessible to employees

4. Sexual Harassment Information Sheet

Content: Definition, illegality, complaint process, retaliation prohibition
Distribution: To all employees
Required by: Delaware Code Title 19, § 711A(f)
Source: Delaware Department of Labor
Available at: https://industrialaffairs.delaware.gov/

5. Delaware Paid Leave Notice (Effective 2026)

Content: Program information, eligibility, how to file claims
Source: Delaware Department of Labor, Division of Paid Leave
Available at: https://labor.delaware.gov/delaware-paid-leave/

6. Delaware Minimum Wage Notice

Content: Current minimum wage rate
Source: Division of Industrial Affairs
Available at: https://industrialaffairs.delaware.gov/wage-hour

Required Federal Posters:

1. Fair Labor Standards Act (FLSA) Minimum Wage Poster

Content: Federal minimum wage, overtime, child labor
Source: U.S. Department of Labor
Available at: https://www.dol.gov/agencies/whd/posters
Download: https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/minwagep.pdf

2. Employee Rights Under the Family and Medical Leave Act

Content: FMLA rights and protections
Required for: Employers with 50+ employees
Source: U.S. Department of Labor
Available at: https://www.dol.gov/agencies/whd/posters/fmla

3. Equal Employment Opportunity is the Law

Content: Federal anti-discrimination laws
Required for: Employers with 15+ employees (varies by law)
Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/poster

4. Employee Rights Under the National Labor Relations Act

Content: Union organizing and collective bargaining rights
Required for: Most private employers
Source: National Labor Relations Board
Available at: https://www.nlrb.gov/resources/posters

5. Job Safety and Health – It’s the Law

Content: OSHA workplace safety rights
Required for: All employers
Source: Occupational Safety and Health Administration
Available at: https://www.osha.gov/sites/default/files/publications/osha3165.pdf

6. Employee Polygraph Protection Act

Content: Limits on lie detector tests
Required for: Most private employers
Source: U.S. Department of Labor
Available at: https://www.dol.gov/agencies/whd/posters/employee-polygraph-protection-act

7. Employee Rights for Workers with Disabilities/Special Minimum Wage

Required for: Employers with workers paid special minimum wage
Source: U.S. Department of Labor
Available at: https://www.dol.gov/agencies/whd/posters

Posting Location Requirements:

Conspicuous locations where employees regularly pass
Break rooms, time clock areas, cafeterias
Near entrances/exits used by employees
Accessible to all employees including those with disabilities
Multiple locations if large workplace or multiple buildings

Language Requirements:

Post in English
Post in other languages if significant portion of workforce speaks that language
Federal posters available in multiple languages from DOL/EEOC

Electronic Posting:

Not sufficient as sole posting method
May supplement physical postings
Must ensure all employees have access

Penalties for Non-Compliance:

According to Delaware Code Title 19, § 716(c):

“A wilful violation of this section shall be punishable by a fine of not more than $100 for each separate offense.”

Source: Delaware Code Title 19, § 716(c) Available at: https://delcode.delaware.gov/title19/c007/sc02/

5.2 New Hire Reporting

Delaware requires employers to report all newly hired and rehired employees to the state.

Reporting Requirement:

Employers must report new hires to the Delaware New Hire Reporting Center within 20 days of hire date.

Required information:

Employee name
Employee address
Employee Social Security number
Employer name
Employer address
Employer Federal Employer Identification Number (FEIN)
Employee hire date

Reporting methods:

Online: Delaware New Hire Reporting website
Fax
Mail
Magnetic media (for employers hiring in multiple states)

Source: Delaware Health and Social Services, Division of Child Support Services Information: https://dhss.delaware.gov/dhss/dcse/newhire.html

Purpose:

Child support enforcement
Detection of unemployment insurance fraud
Detection of workers’ compensation fraud

5.3 Recordkeeping Requirements

Delaware employers must maintain specific employment records.

Wage and Hour Records (3 years):

According to Delaware Code Title 19, § 907:

Source: Delaware Code Title 19, § 907 Official text: https://delcode.delaware.gov/title19/c009/index.html Retention period: 3 years minimum

Required records:

Name, address, occupation of each employee
Rate of pay
Amount paid each pay period
Hours worked each day and workweek
Other information required by Department regulations

Location: Records must be kept at or about the business premises

Personnel Records:

Delaware does not specify retention periods for most personnel records, but best practice includes:

Employment applications: 3 years after hire decision
Performance evaluations: Duration of employment + 3 years
Disciplinary records: Duration of employment + 3 years
Termination records: 3-7 years after termination
Discrimination complaints: Until resolution + 1 year minimum

Federal requirements may impose longer retention periods.

Source: Federal recordkeeping requirements Available at: https://www.dol.gov/general/topic/recordkeeping

5.4 Form I-9 and Employment Eligibility Verification

All Delaware employers must verify employment eligibility of all employees.

Form I-9 Requirement:

Federal law requires all U.S. employers to verify identity and employment authorization.

Source: Immigration Reform and Control Act (IRCA) Citation: 8 U.S.C. § 1324a Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1324a&num=0&edition=prelim USCIS guidance: https://www.uscis.gov/i-9

Form I-9 requirements:

Complete Section 1 by end of employee’s first day of work
Complete Section 2 within 3 business days of hire
Examine original documents establishing identity and work authorization
Retain completed forms for all current employees
Retain forms for 3 years after hire date OR 1 year after separation (whichever is later)

E-Verify:

Delaware does not mandate E-Verify for private employers.

Source: Search of Delaware Code and regulations Search conducted: January 7, 2026 Result: No E-Verify mandate found for private employers

Federal contractors: May be required to use E-Verify under federal contract requirements

Source: Federal Acquisition Regulation E-Verify information: https://www.e-verify.gov/

5.5 Wage Payment Requirements

Delaware establishes specific requirements for paying wages to employees.

Payment Frequency:

According to Delaware Code Title 19, § 1102(a):

“Wages must be paid at least once each month.”

Source: Delaware Code Title 19, § 1102(a) Available at: https://delcode.delaware.gov/title19/c011/

According to Delaware Division of Industrial Affairs:

“Wages must be paid at least once per month, and all earned wages must be provided within seven days of the end of the pay period.”

Source: Delaware Division of Industrial Affairs Available at: https://industrialaffairs.delaware.gov/wage-hour

Payment Method:

Cash (legal tender of the United States)
Check convertible to cash on demand at full face value
Direct deposit (with employee authorization)
Payroll card (with employee authorization and access to full wages)

Source: Delaware Code Title 19, § 901(7) (definition of “wage”) Available at: https://delcode.delaware.gov/title19/c009/index.html

Deductions from Wages:

Employers may not make certain deductions from employee wages.

According to Delaware labor law poster:

“Employers are not permitted to deduct or withhold wages for:

Cash shortages
Breakage
Loss of equipment
Other similar matters”

Source: Delaware Labor Law Poster Published by: Delaware Division of Industrial Affairs Available at: https://laborfiles.delaware.gov/main/dia/olle/Labor_Law_Poster.pdf

Permitted deductions:

Required by law (taxes, garnishments, child support)
Authorized in writing by employee for employee benefit
Authorized by collective bargaining agreement

5.6 Compensation History Inquiries (Ban-the-Box for Salary)

Delaware prohibits employers from inquiring about applicants’ salary history.

Prohibition on Salary History Inquiries:

According to Delaware Code Title 19, § 709B(b), an employer or employer’s agent may not:

“(1) Screen applicants based on their compensation histories, including by requiring that an applicant’s prior compensation satisfy minimum or maximum criteria.

(2) Seek the compensation history of an applicant from the applicant or a current or former employer.”

Source: Delaware Code Title 19, § 709B(b) Enacted: 2017 Official text: https://delcode.delaware.gov/title19/c007/sc01/index.html

Employer prohibitions:

Cannot ask applicants about current or past salary
Cannot ask applicants about current or past benefits
Cannot screen applicants based on salary history
Cannot require salary history to satisfy minimum or maximum criteria
Cannot seek salary history from applicant’s current or former employers

Permitted actions:

According to Delaware Code Title 19, § 709B(d):

“Nothing in this section prohibits an employer or an employer’s agent and an applicant from discussing and negotiating compensation expectations provided that the employer or employer’s agent does not seek the compensation history.”

Source: Delaware Code Title 19, § 709B(d) Available at: https://delcode.delaware.gov/title19/c007/sc01/index.html

Employers may:

Discuss and negotiate compensation expectations
Ask about salary expectations or requirements
Provide salary range for position
Verify compensation history AFTER offer is made and accepted (for recordkeeping purposes)

Enforcement:

Delaware Department of Labor, Office of Wage & Hour Enforcement investigates violations.

According to Division of Industrial Affairs:

“The Delaware Department of Labor’s Office of Wage & Hour Enforcement investigates reported violations under Delaware Code Title 19, §709B.”

Source: Delaware Division of Industrial Affairs Available at: https://industrialaffairs.delaware.gov/wage-hour

Filing Complaints

6.1 When to File a Complaint

Employees may file complaints when they experience violations of Delaware or federal employment law.

Common grounds for complaints:

Unpaid wages or minimum wage violations
Unpaid overtime
Discrimination based on protected class
Sexual harassment
Failure to provide reasonable accommodations
Pregnancy discrimination
Retaliation for protected activity
Violation of Delaware Paid Leave rights
Child labor violations
Wage payment violations

6.2 Delaware Division of Industrial Affairs – Wage and Hour Complaints

Office of Labor Law Enforcement

For wage and hour violations, file complaints with the Delaware Division of Industrial Affairs.

Contact Information:

Delaware Division of Industrial Affairs Office of Labor Law Enforcement

Phone: (302) 761-8200 Website: https://industrialaffairs.delaware.gov/wage-hour Main site: https://industrialaffairs.delaware.gov/

Source: Delaware Department of Labor Verified: January 7, 2026

Types of wage claims handled:

Unpaid wages
Minimum wage violations
Meal break violations
Final paycheck disputes
Illegal wage deductions
Wage payment timing violations
Child labor violations

Filing process:

Contact Office of Labor Law Enforcement
Provide information about employer and wage claim
Submit documentation (pay stubs, time records, employment records)
Department investigates claim
Department may pursue enforcement action

Time limit: File within statute of limitations period

Source: Delaware Division of Industrial Affairs Available at: https://industrialaffairs.delaware.gov/wage-hour

6.3 Delaware Division of Industrial Affairs – Discrimination Complaints

Office of Anti-Discrimination

For employment discrimination complaints, file with the Office of Anti-Discrimination.

Contact Information:

Delaware Division of Industrial Affairs Office of Anti-Discrimination

Phone: (302) 761-8200 Website: https://industrialaffairs.delaware.gov/ Formerly: Delaware Department of Labor, Division of Industrial Affairs

Source: Delaware Department of Labor Verified: January 7, 2026

Administrative Process:

According to Delaware Code Title 19, § 712(c), the administrative process requires:

1. Filing a Charge (300-day deadline):

“Any person claiming to be aggrieved by a violation of this chapter shall first file a charge of discrimination within 300 days of the alleged unlawful employment practice or its discovery, setting forth a concise statement of facts, in writing, verified and signed by the charging party.”

Source: Delaware Code Title 19, § 712(c)(1)(a) Available at: https://delcode.delaware.gov/title19/c007/sc02/

300-day filing deadline:

Count 300 days from date of discriminatory act OR discovery
Filing deadline is strict
Charge is deemed filed when sent to Department by physical or electronic submission

2. Service on Respondent:

Department serves copy of charge on employer by certified mail. Employer may file answer within 20 days.

3. Preliminary Findings (60 days):

Department reviews submissions within 60 days and issues preliminary findings recommending:

Dismissal (unless additional information provided)
Mediation (requiring parties’ appearance)
Investigation

Source: Delaware Code Title 19, § 712(c)(2) Available at: https://delcode.delaware.gov/title19/c007/sc02/

4. Investigation and Final Determination:

After investigation, Department issues determination of either:

Reasonable cause: Belief that violation occurred or is occurring (requires conciliation)
No reasonable cause: No belief that violation occurred (case closed, Right to Sue Notice issued)

Source: Delaware Code Title 19, § 712(c)(3) Available at: https://delcode.delaware.gov/title19/c007/sc02/

5. Conciliation or Right to Sue:

If reasonable cause found: Parties must appear for compulsory conciliation If no reasonable cause OR failed conciliation: Department issues Delaware Right to Sue Notice

Confidentiality:

According to Delaware Code Title 19, § 712(c)(4):

“The Department shall not make public the charge of discrimination or information obtained during the investigation of a charge. This provision does not apply to disclosures made to the parties, their counsel, or witnesses where disclosure is deemed necessary or appropriate. Nothing said or done during and as a part of the mediation or conciliation efforts may be made public by the Department, its officers or employees or used by any party as evidence in a subsequent proceeding without the written consent of the persons concerned.”

Source: Delaware Code Title 19, § 712(c)(4) Available at: https://delcode.delaware.gov/title19/c007/sc02/

Delaware Right to Sue Notice:

After exhausting administrative process, charging party receives Delaware Right to Sue Notice.

According to Delaware Code Title 19, § 714(b):

“The Delaware Right to Sue Notice shall include authorization for the charging party to bring a civil action under this chapter in Superior Court by instituting suit within 90 days of its receipt or within 90 days of receipt of a federal Right to Sue Notice, whichever is later.”

Source: Delaware Code Title 19, § 714(b) Available at: https://delcode.delaware.gov/title19/c007/sc02/

Civil lawsuit deadline:

90 days from receipt of Delaware Right to Sue Notice, OR
90 days from receipt of federal Right to Sue Notice (whichever is later)

6.4 U.S. Equal Employment Opportunity Commission (EEOC)

For federal discrimination claims, employees may file with the EEOC.

EEOC Jurisdiction:

The EEOC enforces federal employment discrimination laws:

Title VII (race, color, religion, sex, national origin)
Age Discrimination in Employment Act (age 40+)
Americans with Disabilities Act (disability)
Equal Pay Act (sex-based pay discrimination)
Genetic Information Nondiscrimination Act (genetic information)

Contact Information:

EEOC Philadelphia District Office (Covers Delaware)

Address: 801 Market Street, Suite 1300 Philadelphia, PA 19107

Phone: 1-800-669-4000 TTY: 1-800-669-6820 Website: https://www.eeoc.gov/ Online filing: https://publicportal.eeoc.gov/Portal/Login.aspx

Source: U.S. Equal Employment Opportunity Commission Website: https://www.eeoc.gov/field-office/philadelphia/location

Filing Deadlines:

Federal deadline: 180 days from discriminatory act Deferral state deadline (Delaware): 300 days from discriminatory act

Delaware is a “deferral state” with approved state agency (Division of Industrial Affairs). EEOC charges filed in Delaware have 300-day deadline.

Source: EEOC guidance Available at: https://www.eeoc.gov/filing-charge-discrimination

Dual Filing:

Charges filed with EEOC are automatically dual-filed with Delaware Division of Industrial Affairs and vice versa.

Election of Remedies:

According to Delaware Code Title 19, § 714(c):

“The charging party shall elect a Delaware or federal forum to prosecute the employment discrimination cause of action so as to avoid unnecessary costs, delays and duplicative litigation. A charging party is barred by this election of remedies from filing cases in both Superior Court and the federal forum.”

Source: Delaware Code Title 19, § 714(c) Available at: https://delcode.delaware.gov/title19/c007/sc02/

Charging party must choose:

Delaware state court (Superior Court), OR
Federal court
Cannot pursue both simultaneously

6.5 Occupational Safety and Health Administration (OSHA)

For workplace safety complaints, contact OSHA.

OSHA Jurisdiction:

OSHA enforces federal workplace safety and health standards.

Contact Information:

OSHA Philadelphia Area Office (Covers Delaware)

Address: The Curtis Center 170 S. Independence Mall West, Suite 740 West Philadelphia, PA 19106-3309

Phone: (215) 861-4900 Fax: (215) 861-4904 24-hour hotline: 1-800-321-OSHA (6742)

Website: https://www.osha.gov/ Online complaint: https://www.osha.gov/workers/file-complaint

Source: Occupational Safety and Health Administration Website: https://www.osha.gov/contactus/bystate/DE/areaoffice

Types of complaints:

Unsafe working conditions
Health hazards
Lack of required safety equipment
Violations of OSHA standards
Retaliation for safety complaints

Filing process:

File online, by phone, fax, or mail
Provide specific information about hazard
OSHA may conduct inspection
Confidentiality available upon request

6.6 Delaware Paid Leave Complaints

For Delaware Paid Leave issues, contact the Division of Paid Leave.

Contact Information:

Delaware Department of Labor Division of Paid Leave

Email: PFMLClaims@delaware.gov Phone: (302) 761-8375 Website: https://labor.delaware.gov/delaware-paid-leave/ Claims portal: https://labor.delaware.gov/laborfirst

Source: Delaware Department of Labor Available at: https://labor.delaware.gov/delaware-paid-leave/ Verified: January 7, 2026

Types of issues:

Claim denials
Benefit calculation disputes
Employer interference with leave
Retaliation for taking leave
Contribution disputes

6.7 Private Lawsuits

Employees may file private lawsuits in certain circumstances.

When private lawsuits are available:

1. After exhausting administrative remedies (discrimination claims):

Must file charge with Division of Industrial Affairs or EEOC
Must receive Right to Sue Notice
Must file lawsuit within 90 days of Right to Sue Notice

Court: Delaware Superior Court or federal court (employee chooses)

Source: Delaware Code Title 19, § 714 Available at: https://delcode.delaware.gov/title19/c007/sc02/

2. Wage and hour claims:

May file lawsuit after administrative process OR
May file lawsuit directly (without administrative filing)
Statute of limitations applies

Court: Delaware Superior Court or federal court (depending on claims)

3. Federal claims:

Federal discrimination claims in federal court
FLSA wage claims in federal court
Other federal employment law violations

Court: U.S. District Court for the District of Delaware

Remedies Available in Court:

According to Delaware Code Title 19, § 715(b), Superior Court may order:

“(1) That the respondent cease and desist or modify its existing employment policies. (2) That the respondent hire, reinstate, or promote the charging party. (3) The payment of any of the following: a. Compensatory damages. b. Punitive damages. c. Special damages, including back pay and interest on back pay. d. Front pay. (4) Equitable relief provided under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-5. (5) The costs of litigation and reasonable attorney’s fees to the prevailing party.”

Source: Delaware Code Title 19, § 715(b) Available at: https://delcode.delaware.gov/title19/c007/sc02/

Damages caps:

Delaware caps compensatory and punitive damages based on employer size:

4-14 employees: $50,000
15-100 employees: $75,000
101-200 employees: $175,000
201-500 employees: $300,000
500+ employees: $500,000

Source: Delaware Code Title 19, § 715(c) Available at: https://delcode.delaware.gov/title19/c007/sc02/

6.8 Tips for Filing Complaints

Document everything:

Keep copies of pay stubs, time records, schedules
Save emails, text messages, written communications
Document dates, times, witnesses to incidents
Keep personnel records, performance evaluations
Photograph workplace conditions (if relevant)

Act promptly:

Note strict filing deadlines (300 days for discrimination, varies for wage claims)
Don’t delay in filing complaints
Missing deadline may bar claim entirely

File with appropriate agency:

Wage/hour issues: Division of Industrial Affairs, Office of Labor Law Enforcement
Discrimination: Division of Industrial Affairs, Office of Anti-Discrimination OR EEOC
Safety: OSHA
Paid Leave: Division of Paid Leave

Seek legal advice:

Consider consulting employment attorney
Many attorneys offer free initial consultations
Legal aid may be available for low-income individuals

Cooperate with investigation:

Respond to agency requests promptly
Provide requested documentation
Be truthful and accurate in all communications
Attend required meetings or hearings

Understand retaliation protections:

Retaliation for filing complaints is illegal
Document any adverse actions after filing
Report retaliation to enforcement agency

Remote Work in Delaware

7.1 Remote Work Legal Framework

Delaware does not have comprehensive state-specific remote work legislation as of 2026.

Source: Search of Delaware Code Search conducted: January 7, 2026 Result: No Delaware-specific remote work mandate or comprehensive statute found

Applicable Laws:

Remote work in Delaware is governed by:

General employment laws (wage/hour, discrimination, etc.)
Federal laws (FLSA, ADA, Title VII, etc.)
Employer policies and employment contracts
Workers’ compensation laws
Delaware Paid Leave (applies to remote workers in Delaware)

7.2 Key Remote Work Considerations

Wage and Hour Compliance:

Minimum wage applies to remote workers ($15.00/hour in Delaware for 2026)
Overtime requirements apply (time and a half over 40 hours/week)
Employers must track remote worker hours
Meal break requirements apply if working 7.5+ consecutive hours

Discrimination and Harassment:

Anti-discrimination laws fully apply to remote workers
Sexual harassment protections apply to virtual workplace
Reasonable accommodations required for remote workers with disabilities
Pregnancy accommodations apply to remote work arrangements

Workers’ Compensation:

May cover remote workers injured during work activities
Depends on circumstances of injury
Employer should have clear remote work policies

Equipment and Expenses:

Delaware does not require employers to reimburse remote work expenses
Employers should establish clear policies on equipment provision
Tax implications for employer-provided equipment

Source: Delaware employment law provisions apply equally to remote and on-site workers

7.3 Right to Request Remote Work

Delaware does not have a statutory right to request remote work as of 2026.

Source: Search of Delaware Code Search conducted: January 7, 2026 Result: No Delaware right-to-request remote work statute found

Accommodation-Based Remote Work:

Remote work may be required as reasonable accommodation under:

1. Disability (ADA/HPEPA):

Remote work may be reasonable accommodation for disability
Employers must engage in interactive process
Not required if creates undue hardship or if essential functions cannot be performed remotely

Source: EEOC guidance Available at: https://www.eeoc.gov/laws/guidance/work-home-employees-disabilities

2. Pregnancy:

Remote work may be reasonable accommodation for pregnancy limitations
Applies same accommodation analysis as disability

Source: Delaware Code Title 19, § 711(b)(3) Available at: https://delcode.delaware.gov/title19/c007/sc02/

7.4 Return-to-Office Mandates

Employers in Delaware generally have discretion to require employees to return to physical workplace.

Employer Authority:

Absent specific contractual obligations:

Employers can mandate return to office
Employers can change remote work policies
Employers should provide reasonable notice
Employers must apply policies consistently (non-discriminatorily)

Exceptions:

1. Contractual obligations:

Employment contracts guaranteeing remote work
Collective bargaining agreements with remote work provisions
Written remote work agreements

2. Reasonable accommodations:

Must continue remote work as disability accommodation if required
Must provide as pregnancy accommodation if required
Cannot eliminate to avoid accommodation obligations

3. Discriminatory application:

Cannot apply RTO mandate discriminatorily based on protected class
Must apply consistently across similarly situated employees

7.5 Multi-State Remote Work Issues

When Delaware employees work remotely from other states, or out-of-state employees work remotely in Delaware, complex jurisdictional issues arise.

Delaware Paid Leave:

According to Employers and TPAs Guide to Delaware Paid Leave:

“If someone works in another state with a paid leave program (like NJ or MD), Delaware will only count their Delaware work and pay. Those states have their own rules.”

Source: Employers and TPAs Guide to Delaware Paid Leave Available at: https://laborfiles.delaware.gov/main/pfl/Employer_and_TPAs_Guide_to_DPL.pdf

General Rule:

Delaware employees working remotely in Delaware: Delaware law applies
Delaware employees working remotely from other states: Complex (may depend on multiple factors)
Out-of-state employees working remotely in Delaware: Delaware law may apply

Recommendation: Consult with employment attorney for multi-state remote work arrangements.

2026 Updates and Recent Changes

8.1 Delaware Paid Leave (Effective January 1, 2026)

Major Implementation:

The Delaware Paid Leave program began accepting benefit claims on January 1, 2026.

According to Delaware Department of Labor announcement published January 1, 2026:

“WILMINGTON, Del. – The Delaware Department of Labor’s Division of Paid Leave announced the official start of Delaware Paid Leave, a statewide program designed to ensure workers have financial support during life’s most critical moments. Beginning today, eligible employees can start submitting claims for Delaware Paid Leave – also known as Paid Family and Medical Leave (PFML).”

Source: Delaware Department of Labor press release Published: January 1, 2026 Available at: https://news.delaware.gov/2026/01/01/delaware-employees-can-now-begin-to-file-claims-for-paid-family-leave/

Timeline:

May 10, 2022: Healthy Delaware Families Act signed into law
January 1, 2025: Contribution collection began
January 1, 2026: Benefit claims began (employees can now file)

Key Features:

Up to 80% wage replacement (max $900/week)
12 weeks parental leave per year
6 weeks medical leave per 24 months
6 weeks family caregiver leave per 24 months
6 weeks military family leave per 24 months
Eligibility: 1 year employment + 1,250 hours with single employer
Mandatory for employers with 10+ Delaware employees

Source: Delaware Department of Labor Available at: https://labor.delaware.gov/delaware-paid-leave/

8.2 Other Notable 2026 Developments

Minimum Wage Stability:

Delaware’s minimum wage remains at $15.00 per hour for 2026 (effective since January 1, 2025).

Source: Delaware Code Title 19, § 902(a)(5) Available at: https://delcode.delaware.gov/title19/c009/index.html

No automatic indexing or scheduled increases beyond $15.00 as of 2026.

Small Business Delayed Implementation (Historical Note):

Under the original minimum wage increase legislation, small businesses (20 or fewer employees) had delayed implementation reaching $15.00 in 2026 instead of 2025.

Source: Senate Bill 15 amendment Available at: https://legis.delaware.gov/BillDetail?LegislationId=68669

This provision concluded its effect in 2026, with all Delaware employers now required to pay $15.00 minimum wage.

8.3 How to Stay Updated on Delaware Employment Law Changes

Official Government Sources:

Delaware General Assembly:

Website: https://legis.delaware.gov/
Bill tracking: Search current legislative session
Session laws: Review enacted legislation

Delaware Department of Labor:

Website: https://labor.delaware.gov/
Sign up for updates: Check website for email notification options
News releases: https://news.delaware.gov/ (filter by Department of Labor)

Delaware Division of Industrial Affairs:

Website: https://industrialaffairs.delaware.gov/
Wage & Hour updates: https://industrialaffairs.delaware.gov/wage-hour

U.S. Department of Labor:

Website: https://www.dol.gov/
Delaware-specific information: https://www.dol.gov/agencies/whd/state
Email updates: Subscribe to DOL updates

EEOC:

Website: https://www.eeoc.gov/
Newsroom: https://www.eeoc.gov/newsroom

Quarterly Review Schedule:

This guide will be reviewed quarterly in 2026:

Q1 2026: April 1, 2026
Q2 2026: July 1, 2026
Q3 2026: October 1, 2026
Q4 2026: January 1, 2027

Immediate updates for major changes:

New legislation affecting employment rights or obligations
Significant regulatory changes
Important court decisions affecting Delaware employment law
Changes to minimum wage or other wage standards

Resources

10.1 Delaware State Government Agencies

Delaware Department of Labor Main office and general inquiries 4425 North Market Street Wilmington, DE 19802 Phone: (302) 761-8000 Website: https://labor.delaware.gov/ Services: Unemployment insurance, job seeker services, labor market information

Delaware Division of Industrial Affairs Office of Anti-Discrimination Office of Labor Law Enforcement 4425 North Market Street Wilmington, DE 19802 Phone: (302) 761-8200 Website: https://industrialaffairs.delaware.gov/ Services: Discrimination complaints, wage and hour enforcement, workplace safety Wage & Hour: https://industrialaffairs.delaware.gov/wage-hour

Delaware Department of Labor Division of Paid Leave Email: PFMLClaims@delaware.gov Phone: (302) 761-8375 Website: https://labor.delaware.gov/delaware-paid-leave/ Claims portal: https://labor.delaware.gov/laborfirst Services: Delaware Paid Leave claims, employer registration, contribution questions

Delaware Division of Unemployment Insurance 4425 North Market Street Wilmington, DE 19802 Phone: (302) 761-8446 Website: https://labor.delaware.gov/divisions/unemployment-insurance/ Services: Unemployment insurance claims, employer tax and registration

Delaware Office of Workers’ Compensation 4425 North Market Street Wilmington, DE 19802 Phone: (302) 761-8200 Website: https://dia.delawareworks.com/workers-compensation/ Services: Workers’ compensation claims and information

Delaware Public Employment Relations Board Carvel State Office Building 820 N. French Street, 10th Floor Wilmington, DE 19801 Phone: (302) 739-4599 Website: https://delawareworks.com/labor-relations/ Services: Public sector labor relations, collective bargaining

Delaware Division of Human Relations Carvel State Office Building 820 N. French Street Wilmington, DE 19801 Phone: (302) 739-5228 Website: https://humanandcivilrights.delaware.gov/ Services: Housing discrimination, public accommodations discrimination

10.2 Federal Government Agencies

U.S. Equal Employment Opportunity Commission (EEOC) Philadelphia District Office (covers Delaware) 801 Market Street, Suite 1300 Philadelphia, PA 19107 Phone: 1-800-669-4000 TTY: 1-800-669-6820 Website: https://www.eeoc.gov/ Online filing: https://publicportal.eeoc.gov/Portal/Login.aspx Field office: https://www.eeoc.gov/field-office/philadelphia/location Services: Federal employment discrimination complaints

U.S. Department of Labor Wage and Hour Division Philadelphia District Office (covers Delaware) The Curtis Center 170 S. Independence Mall West, Suite 760 East Philadelphia, PA 19106-3309 Phone: (215) 861-5800 Toll-free: 1-866-4-USWAGE (1-866-487-9243) Website: https://www.dol.gov/agencies/whd Services: FLSA enforcement, FMLA enforcement, federal wage and hour complaints

Occupational Safety and Health Administration (OSHA) Philadelphia Area Office (covers Delaware) The Curtis Center 170 S. Independence Mall West, Suite 740 West Philadelphia, PA 19106-3309 Phone: (215) 861-4900 24-hour hotline: 1-800-321-OSHA (6742) Website: https://www.osha.gov/ Online complaint: https://www.osha.gov/workers/file-complaint Services: Workplace safety enforcement, safety complaints

National Labor Relations Board (NLRB) Region 4 (covers Delaware) 615 Chestnut Street, Suite 700 Philadelphia, PA 19106 Phone: (215) 597-7601 Website: https://www.nlrb.gov/ Services: Private sector labor relations, unfair labor practice charges, union elections

U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue, NW Washington, DC 20530 Phone: (202) 514-4609 Website: https://www.justice.gov/crt Services: Pattern or practice discrimination cases, criminal civil rights enforcement

U.S. Citizenship and Immigration Services (USCIS) Website: https://www.uscis.gov/ Phone: 1-800-375-5283 Services: Form I-9 guidance, E-Verify I-9 central: https://www.uscis.gov/i-9-central

10.3 Key Delaware Statutes and Regulations

Delaware Code Title 19 (Labor) Website: https://delcode.delaware.gov/title19/

Chapter 7 – Employment Practices:

Subchapter I: General provisions (wage payment, meal breaks, etc.)
Subchapter II: Discrimination in Employment (DDEA)
Subchapter III: Handicapped Persons Employment Protection Act

Chapter 9 – Minimum Wage: https://delcode.delaware.gov/title19/c009/

Chapter 11 – Wage Payment: https://delcode.delaware.gov/title19/c011/

Chapter 37-38 – Paid Family and Medical Leave: https://delcode.delaware.gov/title19/c037/ https://delcode.delaware.gov/title19/c038/

Delaware Regulations (Administrative Code) Title 19 – Department of Labor: https://regulations.delaware.gov/AdminCode/title19

10.4 Legal Assistance Resources

Delaware Volunteer Legal Services 100 W. 10th Street, Suite 801 Wilmington, DE 19801 Phone: (302) 658-6916 Website: https://www.dvls.org/ Services: Free legal assistance for low-income Delawareans (civil matters)

Community Legal Aid Society, Inc. (CLASI) Wilmington Office: 100 W. 10th Street, Suite 801 Wilmington, DE 19801 Phone: (302) 575-0660

Georgetown Office: 32065 Shawnee Drive Georgetown, DE 19947 Phone: (302) 856-0038

Website: https://www.declasi.org/ Helpline: 1-800-773-0606 Services: Free civil legal services for low-income individuals

Delaware State Bar Association Lawyer Referral Service 405 North King Street, Suite 100 Wilmington, DE 19801 Phone: (302) 658-5279 Toll-free: 1-800-773-0606 Website: https://www.dsba.org/ Services: Referrals to private attorneys, initial consultation fee $50

Legal Services Corporation Website: https://www.lsc.gov/what-legal-aid/find-legal-aid Services: Directory of legal aid programs nationwide

10.5 Additional Resources

Delaware JobLink Website: https://joblink.delaware.gov/ Services: Job search, resume posting, career resources, labor market information

Delaware Division of Revenue Website: https://revenue.delaware.gov/ Services: Business tax registration, employer withholding tax

Internal Revenue Service (IRS) Employer ID Numbers: 1-800-829-4933 Website: https://www.irs.gov/businesses/small-businesses-self-employed/employer-id-numbers Services: Federal tax identification, employer tax requirements

U.S. Small Business Administration (SBA) Delaware District Office: 1007 North Orange Street, Suite 1120 Wilmington, DE 19801 Phone: (302) 573-6294 Website: https://www.sba.gov/offices/district/de/wilmington Services: Small business resources, compliance assistance

10.6 Updates and Monitoring

Quarterly Review Schedule (2026):

April 1, 2026
July 1, 2026
October 1, 2026
January 1, 2027

Subscribe for Updates:

Delaware General Assembly: Sign up for bill tracking at https://legis.delaware.gov/

Delaware Department of Labor: Check https://labor.delaware.gov/ for email notification options

News.Delaware.Gov: Monitor state news releases at https://news.delaware.gov/

U.S. Department of Labor: Subscribe to email updates at https://www.dol.gov/

Monitoring Recommendations:

Check Delaware Department of Labor website monthly
Review Delaware General Assembly for employment-related bills each session
Subscribe to employment law newsletters from legal organizations
Consult with employment attorney for significant policy changes
Review federal agency websites (DOL, EEOC, OSHA) quarterly

Frequently Asked Questions - Delaware Employment Law

1. What is employment law in Delaware?

Employment law in Delaware is the legal framework governing the relationship between employers and employees in the state. It includes state statutes, regulations, and common law, as well as applicable federal laws. Delaware employment law covers wage and hour requirements, anti-discrimination protections, workplace safety, leave entitlements, and employer compliance obligations.

2. What is the difference between labor law and employment law in Delaware?

Employment law is the broader framework covering all employer-employee relationships, including wage requirements, discrimination protections, and workplace safety. Labor law is a subset focusing specifically on collective bargaining, union organizing, and labor-management relations. Employment law applies to all workplaces; labor law applies primarily where unions are present or organizing.

3. Is Delaware an at-will employment state?

Yes, Delaware follows the at-will employment doctrine. Either the employer or employee can terminate the employment relationship at any time, with or without cause, and with or without notice, unless a specific contract or legal exception applies. Exceptions include anti-discrimination laws, anti-retaliation protections, and contractual obligations.

4. What is the minimum wage in Delaware for 2026?

The Delaware minimum wage is $15.00 per hour as of 2026. This rate became effective on January 1, 2025, and continues through 2026. For tipped employees, the minimum cash wage is $2.23 per hour, but total compensation (cash wage plus tips) must equal or exceed $15.00 per hour.

Source: Delaware Code Title 19, § 902 Available at: https://delcode.delaware.gov/title19/c009/index.html

5. Does Delaware require overtime pay?

Delaware does not have state-specific overtime requirements beyond federal law. Under the federal Fair Labor Standards Act (FLSA), covered employees must receive overtime pay at one and one-half times their regular rate for hours worked over 40 in a workweek. Delaware does not require daily overtime or overtime for work on weekends or holidays as such.

Source: Fair Labor Standards Act, 29 U.S.C. § 207

6. What are the meal break requirements in Delaware?

Delaware requires employers to provide an unpaid meal break of at least 30 consecutive minutes to employees who work 7.5 or more consecutive hours. The break must be given after the first 2 hours and before the last 2 hours of the shift. Certain exemptions apply, including for professional educators, positions covered by collective bargaining agreements, and employers with fewer than 5 employees on a shift.

Source: Delaware Code Title 19, § 707 Available at: https://delcode.delaware.gov/title19/c007/sc01/index.html

7. What employee rights does Delaware law protect?

Delaware protects numerous employee rights including the right to minimum wage, overtime pay, meal breaks, freedom from discrimination based on protected classes (race, color, religion, sex, pregnancy, sexual orientation, gender identity, national origin, age, disability, marital status, genetic information, military status, housing status, family responsibilities), freedom from sexual harassment, reasonable accommodations for disability and pregnancy, and the right to file complaints without retaliation.

8. Can my employer fire me for any reason in Delaware?

Under Delaware’s at-will employment doctrine, employers generally can terminate employees for any legal reason or no reason at all. However, employers cannot terminate employees for illegal reasons, including discrimination based on protected classes, retaliation for exercising legal rights (such as filing discrimination or wage complaints), refusing to violate the law, or in violation of employment contracts. If you believe your termination was illegal, contact an employment attorney or the Delaware Division of Industrial Affairs.

9. How do I file a discrimination complaint in Delaware?

File a charge of discrimination with the Delaware Division of Industrial Affairs, Office of Anti-Discrimination, within 300 days of the discriminatory act. Contact them at (302) 761-8200 or visit https://industrialaffairs.delaware.gov/. You can also file with the U.S. Equal Employment Opportunity Commission (EEOC) at 1-800-669-4000 or https://www.eeoc.gov/. Charges filed with either agency are automatically dual-filed with the other.

10. Can I request remote work as a reasonable accommodation in Delaware?

Remote work may be required as a reasonable accommodation for disabilities under the Americans with Disabilities Act and Delaware’s Handicapped Persons Employment Protection Act, or for pregnancy limitations under Delaware law. Employers must engage in an interactive process to determine if remote work is an effective accommodation that does not create undue hardship. However, Delaware does not provide a general right to request remote work for all employees.

11. What are Delaware employer obligations?

Delaware employers must comply with minimum wage laws, pay overtime as required by federal law, provide required meal breaks, maintain wage and hour records for 3 years, post required federal and state labor law posters, report new hires within 20 days, verify employment eligibility (Form I-9), pay wages at least monthly within 7 days of pay period end, not discriminate based on protected classes, provide reasonable accommodations, not retaliate against employees for protected activities, and participate in Delaware Paid Leave if employing 10+ Delaware employees.

12. What workplace posters are required in Delaware?

Delaware employers must post the Delaware Labor Law Poster (covering minimum wage, wage payment, child labor, meal breaks, discrimination), pregnancy accommodation notice, Delaware Paid Leave notice (if applicable), and federal posters including FLSA minimum wage, FMLA (if 50+ employees), EEO poster, NLRA poster, OSHA poster, and Employee Polygraph Protection Act poster. All posters must be displayed in conspicuous locations where employees regularly see them.

13. How long must Delaware employers keep employment records?

Delaware requires employers to maintain wage and hour records for at least 3 years. These records must include employee name, address, occupation, rate of pay, amount paid each pay period, and hours worked each day and workweek. Form I-9 must be retained for 3 years after hire OR 1 year after separation (whichever is later). Other employment records should be retained according to federal requirements and best practices.

14. Does Delaware require paid sick leave?

Delaware does not have a general statewide paid sick leave requirement for private employers. However, Delaware enacted the Delaware Paid Leave program (Paid Family and Medical Leave), which became effective January 1, 2026. This program provides up to 80% wage replacement for eligible employees taking leave for qualifying reasons including medical leave, family caregiver leave, parental leave, and military family leave.

15. What are Delaware’s remote work protections?

Delaware does not have comprehensive remote work legislation. Remote workers are protected by the same employment laws as on-site workers, including wage and hour laws, anti-discrimination protections, and reasonable accommodation requirements. Remote work may be required as a reasonable accommodation for disabilities or pregnancy. Delaware Paid Leave applies to remote workers employed in Delaware. Employers have discretion to establish remote work policies and require return to office, subject to contractual obligations and accommodation requirements.

Others

Legal Disclaimer: Nature of This Compilation This document is a compilation of publicly available information from official government sources. It is NOT: Legal advice An interpretation of laws or regulations A substitute for consultation with a licensed attorney A comprehensive treatment of all applicable laws Guaranteed to be complete or current

Delaware Employment Law 2026

⚠️Informational only — not legal or tax advice.

Table of Contents

Introduction

Employment Law Framework in Delaware

1.1 At-Will Employment Doctrine

1.2 Labor Law vs Employment Law: Understanding the Distinction

1.3 Right-to-Work Status

Employee Rights in Delaware

2.1 Wage and Hour Rights

2.2 Paid Sick Leave

2.3 Delaware Paid Leave (New in 2026)

Discrimination Laws in Delaware

3.1 Overview of Delaware’s Discrimination Framework

3.2 Protected Classes Under Delaware Law

3.3 Types of Prohibited Discrimination

3.4 Sexual Harassment

Reasonable Accommodations

4.1 Disability Accommodations

4.2 Interactive Process for Disability Accommodations

4.3 Undue Hardship Exception

4.4 Religious Accommodations

4.5 Pregnancy Accommodations

4.6 Domestic Violence, Sexual Offense, and Stalking Accommodations

4.7 How to Request Accommodations

Employer Obligations in Delaware

5.1 Required Workplace Postings

5.2 New Hire Reporting

5.3 Recordkeeping Requirements

5.4 Form I-9 and Employment Eligibility Verification

5.5 Wage Payment Requirements

5.6 Compensation History Inquiries (Ban-the-Box for Salary)

Filing Complaints

6.1 When to File a Complaint

6.2 Delaware Division of Industrial Affairs – Wage and Hour Complaints

6.3 Delaware Division of Industrial Affairs – Discrimination Complaints

6.4 U.S. Equal Employment Opportunity Commission (EEOC)

6.5 Occupational Safety and Health Administration (OSHA)

6.6 Delaware Paid Leave Complaints

6.7 Private Lawsuits

6.8 Tips for Filing Complaints

Remote Work in Delaware

7.1 Remote Work Legal Framework

7.2 Key Remote Work Considerations

7.3 Right to Request Remote Work

7.4 Return-to-Office Mandates

7.5 Multi-State Remote Work Issues

2026 Updates and Recent Changes

8.1 Delaware Paid Leave (Effective January 1, 2026)

8.2 Other Notable 2026 Developments

8.3 How to Stay Updated on Delaware Employment Law Changes

Resources

10.1 Delaware State Government Agencies

10.2 Federal Government Agencies

10.3 Key Delaware Statutes and Regulations

10.4 Legal Assistance Resources

10.5 Additional Resources

10.6 Updates and Monitoring

Frequently Asked Questions - Delaware Employment Law

1. What is employment law in Delaware?

2. What is the difference between labor law and employment law in Delaware?

3. Is Delaware an at-will employment state?

4. What is the minimum wage in Delaware for 2026?

5. Does Delaware require overtime pay?

6. What are the meal break requirements in Delaware?

7. What employee rights does Delaware law protect?

8. Can my employer fire me for any reason in Delaware?

9. How do I file a discrimination complaint in Delaware?

10. Can I request remote work as a reasonable accommodation in Delaware?

11. What are Delaware employer obligations?

12. What workplace posters are required in Delaware?

13. How long must Delaware employers keep employment records?

14. Does Delaware require paid sick leave?

15. What are Delaware’s remote work protections?

Others

Inactive