Delaware Return to Office Mandate 2026

What is Delaware’s return to office mandate?

Delaware does not have a state-specific return to office mandate for private sector employers. As of December 2025, the Delaware Legislature has not enacted statutes or executive orders requiring private companies to implement return to office policies.

Private sector employers in Delaware operate under the at-will employment framework and may establish their own workplace policies, including decisions about remote work, hybrid schedules, or full-time in-office requirements. These policies are subject to existing anti-discrimination laws, accommodation requirements, and contractual obligations.

State employees are subject to telework policies established by the Delaware Department of Technology & Information and Department of Human Resources, which provide guidance on remote work tools and procedures for approved state employees.

Source: Delaware Legislature website and Governor’s Office
Available at: https://legis.delaware.gov and https://governor.delaware.gov

Does Delaware’s RTO mandate apply to private employers?

No. Delaware does not have a return to office mandate that applies to private employers.

Private sector employers in Delaware have discretion to establish their own workplace attendance policies under the at-will employment doctrine. Employers may require employees to work in-office full-time, offer hybrid arrangements, or permit fully remote work based on business needs and operational requirements.

However, private employers must comply with Delaware’s employment laws when implementing return to office policies, including the Delaware Discrimination in Employment Act, Handicapped Persons Employment Protection Act, and applicable federal laws such as the Americans with Disabilities Act. Employers must provide reasonable accommodations for qualified individuals with disabilities and cannot discriminate based on protected characteristics.

Source: Delaware Department of Labor – Office of Anti-Discrimination
Available at: https://labor.delaware.gov/divisions/industrial-affairs/discrimination/

Can my employer force me back to the office in Delaware?

Generally, yes. Delaware follows the at-will employment doctrine, which means employers can modify work arrangements, including requiring employees to return to office work, subject to certain legal limitations.

Employers have the authority to establish workplace policies and can require employees to work from a designated location as a condition of continued employment. Employees who refuse to comply with lawful workplace policies may face disciplinary action, including termination.

Legal exceptions and protections include:

Employment contracts: If you have an employment contract that specifies remote work arrangements, your employer must honor the contract terms unless both parties agree to modify the agreement.

Collective bargaining agreements: If you are covered by a union contract, return to office policies may be subject to collective bargaining and the terms of the agreement.

Reasonable accommodations: If you have a disability, you may be entitled to reasonable accommodation, which could include continued remote work if it enables you to perform essential job functions without causing undue hardship to the employer.

Discrimination protections: Employers cannot implement return to office policies in a discriminatory manner based on protected characteristics such as race, color, religion, sex, sexual orientation, national origin, age (40+), marital status, genetic information, or disability.

Retaliation protections: Employers cannot retaliate against employees who report violations of law or participate in protected activities, such as filing discrimination complaints.

Source: Delaware Code Title 19 and U.S. Equal Employment Opportunity Commission guidance
Available at: https://delcode.delaware.gov/title19/ and https://www.eeoc.gov

What are my accommodation rights under Delaware law?

Under Delaware’s Handicapped Persons Employment Protection Act (HPEPA) and federal Americans with Disabilities Act (ADA), qualified individuals with disabilities have the right to reasonable accommodations that enable them to perform essential job functions.

Delaware law requirements (employers with 4+ employees):

According to Delaware Code Title 19, Chapter 7, § 711(l), employers must “engage in an interactive process with a qualified individual with a disability to determine whether there is a reasonable accommodation that will enable the individual to perform the essential functions of the job or enjoy equal benefits and privileges of employment.”

Federal ADA requirements (employers with 15+ employees):

The ADA requires employers to provide reasonable accommodations for qualified individuals with disabilities unless doing so would impose an undue hardship (significant difficulty or expense).

Your rights include:

Right to request accommodation: You can request modifications or adjustments to the work environment, policies, or procedures due to a disability-related limitation.

Right to interactive process: Your employer must engage in good faith discussions with you to identify possible accommodations.

Privacy protections: Medical information obtained during the accommodation process must be kept confidential and stored separately from personnel files.

Protection from retaliation: Employers cannot retaliate against employees for requesting accommodations.

Examples of accommodations related to return to office:

• Continued remote work or hybrid schedule
• Modified work schedule or flexible hours
• Parking accommodations
• Ergonomic equipment or assistive technology
• Modification of workplace policies
• Job restructuring or reassignment

Source: Delaware Code Title 19, Chapter 7 and U.S. Equal Employment Opportunity Commission
Available at: https://delcode.delaware.gov/title19/c007/sc02/ and https://www.eeoc.gov

How do I file a discrimination complaint in Delaware?

To file a discrimination complaint in Delaware, you must file a charge with the Delaware Office of Anti-Discrimination within 300 days of the alleged violation.

Filing process:

Step 1: Complete Intake Form
Download and complete the Intake Form available at https://labor.delaware.gov/divisions/industrial-affairs/discrimination/file-a-charge/

Step 2: Submit Form
Submit the completed form by:

• Email: DOL_Antidiscrimination@delaware.gov
• Mail or in-person delivery to either office location

Step 3: Schedule Intake Interview
OAD will contact you to schedule an intake interview, typically conducted by telephone

Step 4: Provide Identification
Provide a copy of valid identification during the intake process

Step 5: Sign Formal Charge
Sign the formal charge in front of a notary to complete the filing process

Contact information:

Wilmington Office:
Delaware Department of Labor
Office of Anti-Discrimination
4425 N. Market Street, 3rd Floor
Wilmington, DE 19802
Phone: (302) 761-8200

Dover Office:
Delaware Department of Labor
Office of Anti-Discrimination
Blue Hen Corporate Center
655 S. Bay Road, Suite 2H
Dover, DE 19901
Phone: (302) 422-1134

What happens next:

After you file, the employer will be notified and given an opportunity to respond. OAD will investigate the charge and issue a determination of “reasonable cause” or “no reasonable cause.” Cases with reasonable cause findings proceed to mandatory conciliation. If no cause is found, you receive a Right to Sue Notice allowing you to file a lawsuit in court.

Dual-filing: Charges filed with Delaware OAD are automatically dual-filed with the federal Equal Employment Opportunity Commission through a worksharing agreement.

Source: Delaware Department of Labor
Available at: https://labor.delaware.gov/divisions/industrial-affairs/discrimination/file-a-charge/

Can I request remote work as a reasonable accommodation?

Yes, you can request remote work as a reasonable accommodation under the Americans with Disabilities Act and Delaware’s Handicapped Persons Employment Protection Act, if you have a disability that requires this accommodation.

Requirements for requesting remote work accommodation:

You must have a disability: The ADA defines disability as a physical or mental impairment that substantially limits one or more major life activities, a history of such impairment, or being regarded as having such impairment.

The accommodation must be related to your disability: You must explain how remote work would enable you to perform essential job functions or address disability-related limitations.

You must be a qualified individual: You must be able to perform the essential functions of your position with or without reasonable accommodation.

How to request:

Notify your employer of your need for accommodation due to a disability. You can make the request verbally or in writing to your supervisor, HR department, or other appropriate person. You do not need to use specific language like “ADA” or “reasonable accommodation.”

Your employer may request medical documentation from your healthcare provider to verify your disability and the need for accommodation.

Employer’s obligations:

Your employer must engage in an interactive process to discuss possible accommodations. Remote work is one possible accommodation, but your employer may propose alternative accommodations that effectively address your needs.

What if my request is denied:

If your employer denies your remote work request, they should explain why it is not reasonable (for example, if essential job functions require in-person presence) or would cause undue hardship. You can request reconsideration, propose alternative accommodations, or file a discrimination complaint if you believe the denial was unlawful.

Source: U.S. Equal Employment Opportunity Commission and Delaware Office of Anti-Discrimination
Available at: https://www.eeoc.gov and https://labor.delaware.gov/divisions/industrial-affairs/discrimination/

What is Delaware’s Discrimination in Employment Act?

The Delaware Discrimination in Employment Act (DDEA) is the state law that prohibits employment discrimination based on protected characteristics.

Protected classes under DDEA:

• Race
• Color
• Religion
• Sex (including pregnancy)
• Sexual orientation
• National origin
• Age (40 years and older)
• Marital status
• Genetic information

Who is covered:

The DDEA applies to employers with 4 or more employees, including state and local governments, employment agencies, and labor organizations. This broader coverage protects employees at smaller companies than federal law, which generally requires 15 or more employees for Title VII protections.

Prohibited practices:

Under the DDEA, employers cannot discriminate in:

• Hiring and firing decisions
• Compensation and benefits
• Job assignments and promotions
• Training opportunities
• Terms, conditions, and privileges of employment
• Harassment and hostile work environment
• Retaliation for opposing discrimination or participating in investigations

Enforcement:

The Delaware Office of Anti-Discrimination enforces the DDEA. Employees who believe they have experienced discrimination must file a charge with OAD within 300 days of the alleged violation before filing a lawsuit in court.

Related protections:

Delaware also prohibits disability discrimination through the Handicapped Persons Employment Protection Act (HPEPA), which provides protections similar to the federal Americans with Disabilities Act but applies to employers with 4 or more employees.

Source: Delaware Code Title 19, Chapter 7, Subchapter II
Available at: https://delcode.delaware.gov/title19/c007/sc02/
Enforcement: Delaware Office of Anti-Discrimination at (302) 761-8200 or DOL_Antidiscrimination@delaware.gov

Where do I file an EEOC complaint in Delaware?

Delaware residents file EEOC complaints at the Philadelphia District Office, which has jurisdiction over Delaware, Pennsylvania, West Virginia, Maryland, and parts of New Jersey and Ohio.

EEOC Philadelphia District Office:
801 Market Street, Suite 1000
Philadelphia, PA 19107-3127

Contact information:
Phone: 1-800-669-4000
TTY: 1-800-669-6820 (for Deaf/Hard of Hearing)
ASL Video Phone: 1-844-234-5122
Website: https://www.eeoc.gov/field-office/philadelphia
Public Portal: https://publicportal.eeoc.gov/

How to file:

Online: Visit https://publicportal.eeoc.gov/ to schedule an intake appointment (by telephone, video, or in-person)

By phone: Call 1-800-669-4000 to begin the charge filing process

In person: Visit the Philadelphia office at the address above. Appointments are strongly recommended; walk-ins are accepted but will be given lower priority.

Office hours:
Monday through Friday, 8:30 a.m. to 4:00 p.m., except federal holidays
Intake interviews: Monday through Thursday

Filing deadlines:

For Delaware residents, the deadline to file an EEOC charge is 300 days from the date of discrimination because Delaware has its own fair employment practices agency (the Office of Anti-Discrimination).

If you are approaching the 300-day deadline, contact EEOC immediately at 1-800-669-4000.

Worksharing agreement:

Delaware has a worksharing agreement with EEOC. When you file a charge with either the Delaware Office of Anti-Discrimination or EEOC, it is automatically dual-filed with the other agency to protect your rights under both state and federal law.

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

What is at-will employment in Delaware?

At-will employment means that an employer can terminate an employee for any lawful reason or no reason at all, with or without notice, absent an employment contract or collective bargaining agreement that provides otherwise.

Delaware’s at-will employment doctrine:

Delaware follows the at-will employment doctrine, which is recognized through common law and legislative references. Delaware Code Title 19, Chapter 17 (Whistleblower Protection Act) defines “Employee” to include “at-will employees” along with other types of workers.

According to historical legislative documents:

“The doctrine of ’employment at-will’ simply means that an employer may terminate a working relationship with or without just cause in the absence of an oral or written contract or obligation setting out terms, conditions, or duration of employment.”

Exceptions to at-will employment:

Employment contracts: Written or oral agreements that specify employment duration, termination conditions, or other terms create contractual obligations that override at-will presumption.

Collective bargaining agreements: Union contracts typically require “just cause” for termination and establish grievance procedures.

Implied contracts: In some cases, employer policies, handbooks, or practices may create implied contractual obligations.

Statutory protections: Federal and state anti-discrimination laws, whistleblower protections, and other statutes prohibit termination for certain illegal reasons.

Public policy exception: Delaware courts recognize termination may be unlawful if it violates clear public policy.

How at-will employment affects return to office:

Under at-will employment, employers generally have the right to change work conditions, including requiring employees to work in-office rather than remotely. Employees who refuse to comply with lawful workplace changes may be terminated.

However, employers cannot implement workplace changes in ways that violate anti-discrimination laws, fail to provide required accommodations, breach employment contracts, or retaliate against protected activities.

Source: Delaware Code Title 19 and Delaware legislative documents
Available at: https://delcode.delaware.gov/title19/ and https://legis.delaware.gov

What is the difference between state employee and private sector RTO requirements in Delaware?

State employees and private sector employees in Delaware face different return to office requirements and policies.

State employees:

State of Delaware employees who are approved for remote access (telework) must follow policies and procedures established by the Delaware Department of Technology & Information (DTI) and Department of Human Resources (DHR).

DTI provides guidance on:

• Remote workforce technology tools
• VPN access and remote desktop protocols
• Microsoft Teams and online meeting procedures
• Phone system management for remote workers
• Telecommuting workspace requirements

State employees do not have an automatic right to telework. Remote work arrangements must be approved by the employee’s agency and supervisor based on job duties, operational needs, and other factors.

State employees are covered by the Public Employment Relations Act, which may provide collective bargaining rights depending on their position and bargaining unit status.

Resources for state employees:
Delaware DTI Remote Workforce Information: https://dti.delaware.gov/state-agencies-portal/remote-workforce-information/
Delaware Department of Human Resources: https://dhr.delaware.gov

Private sector employees:

Private sector employees in Delaware work under the at-will employment doctrine. Employers have discretion to establish workplace attendance policies, including whether to permit remote work, require hybrid schedules, or mandate full-time in-office work.

Delaware has not enacted specific legislation governing return to office mandates for private employers. Private companies make these decisions based on business needs, operational requirements, and competitive considerations.

Private sector employees are protected by:

• Delaware Discrimination in Employment Act (employers with 4+ employees)
• Handicapped Persons Employment Protection Act (employers with 4+ employees)
• Federal employment laws including ADA (15+ employees) and Title VII (15+ employees)

Common requirements for both:

Both state and private sector employees in Delaware have:

• Right to reasonable accommodation for disabilities
• Protection from discrimination based on protected characteristics
• Protection from retaliation for engaging in protected activities
• Right to file complaints with Delaware Office of Anti-Discrimination or EEOC

Source: Delaware Department of Technology & Information, Delaware Department of Labor
Available at: https://dti.delaware.gov and https://labor.delaware.gov

Can my employer change my remote work arrangement?

Generally, yes. In Delaware’s at-will employment system, employers can modify work arrangements, including remote work policies, unless you have a contract or other legal protection that prevents such changes.

When employers can change arrangements:

At-will employment: If you are an at-will employee without a contract specifying remote work, your employer can require you to return to in-office work or modify your hybrid schedule.

Business needs: Employers can make changes based on operational requirements, team collaboration needs, client service demands, or other legitimate business reasons.

Policy updates: Employers can update workplace policies, including remote work policies, and apply them to current employees.

When employers cannot change arrangements:

Employment contracts: If you have a written or oral employment contract that guarantees remote work, your employer must honor the contract terms unless both parties agree to modify the agreement.

Collective bargaining agreements: If you are covered by a union contract, changes to working conditions may require negotiation with the union.

Reasonable accommodation: If you have a disability and remote work is an approved reasonable accommodation, your employer generally cannot eliminate it without engaging in a new interactive process to determine if in-office work with other accommodations would be effective.

Discriminatory application: Employers cannot change work arrangements in a discriminatory manner based on protected characteristics such as race, sex, age, disability, or other protected classes.

Retaliation: Employers cannot change your work arrangement as retaliation for engaging in protected activities, such as reporting discrimination or participating in an investigation.

What you can do:

If your employer changes your remote work arrangement, consider whether you have contractual protections, whether you need accommodation for a disability, or whether the change appears discriminatory. You may want to:

• Review your employment agreement and company policies
• Request accommodation if you have a disability
• Document any concerns about discriminatory or retaliatory treatment
• Consult with an employment attorney about your specific situation
• File a complaint with the Delaware Office of Anti-Discrimination if you believe your rights have been violated

Source: Delaware employment law and U.S. Equal Employment Opportunity Commission
Available at: https://delcode.delaware.gov/title19/ and https://www.eeoc.gov

Are there pending RTO bills in the Delaware Legislature?

As of December 30, 2025, there are no identified pending bills in the Delaware Legislature specifically addressing return to office mandates or remote work requirements for private sector employers.

How to monitor for future legislation:

You can search for current and pending legislation on the Delaware Legislature website.

Delaware Legislature Bill Search:
Website: https://legis.delaware.gov
Search function: Available on homepage
Recommended search terms: “return to office”, “remote work”, “telework”, “telecommuting”

Current legislative session: 153rd General Assembly (2025-2026)

Governor’s Office:
Executive orders and announcements: https://governor.delaware.gov
Press releases and news: https://news.delaware.gov

Delaware Department of Labor:
Agency updates and guidance: https://labor.delaware.gov
Email alerts: Available through agency website

Workforce development:

While specific return to office legislation has not been identified, Delaware has focused on workforce development through Executive Order #10 (May 2025), which established the Office of Workforce Development and reestablished the Workforce Development Board. These initiatives focus on training, upskilling, and workforce trends rather than workplace attendance mandates.

Source: Delaware Governor’s Office
Available at: https://governor.delaware.gov/executive-orders/executive-order-10/
Date: May 14, 2025

If return to office legislation is introduced in the future, it would be available through the Delaware Legislature website and would typically go through committee review, public hearings, floor votes, and gubernatorial action before becoming law.

What accommodation documentation can my employer request?

When you request a reasonable accommodation for a disability, your employer can request medical documentation to verify your disability and the need for accommodation, but the request must be reasonable and limited in scope.

What employers can request:

Verification of disability: If your disability and need for accommodation are not obvious, your employer can request documentation from a healthcare provider confirming that you have a disability under the ADA or Delaware law.

Functional limitations: Your employer can ask about the nature and extent of functional limitations caused by your disability and how these limitations affect your ability to perform job functions.

Need for accommodation: Your employer can request information about why the specific accommodation you requested is needed and how it would address your disability-related limitations.

Alternative accommodations: Your employer can ask your healthcare provider whether alternative accommodations might be effective.

What employers cannot request:

Complete medical records: Your employer cannot request your entire medical file or unrelated medical information.

Diagnosis details: While your employer can ask about functional limitations, they cannot demand detailed information about your diagnosis that is not relevant to the accommodation determination.

Genetic information: Employers cannot request genetic information, including family medical history.

Unrelated conditions: Employers cannot request information about health conditions unrelated to the accommodation request.

Documentation requirements:

Your employer should explain what information they need and why. Medical documentation can come from:

• Your treating physician
• Psychiatrist or psychologist
• Other healthcare provider
• Vocational rehabilitation specialist

The documentation should describe:

• The nature of your disability (in general terms)
• How the disability limits major life activities or job functions
• Why the requested accommodation is needed
• How long the accommodation may be needed
• Whether the limitation is temporary or permanent (if known)

Privacy protections:

Any medical information your employer receives must be:

• Kept confidential
• Stored separately from your personnel file
• Shared only with individuals who need to know for accommodation purposes
• Used only for legitimate business purposes related to the accommodation

Cost of documentation:

Generally, you are responsible for obtaining medical documentation from your healthcare provider. However, if your employer requires specific forms or evaluations beyond what your provider would normally provide, the employer may need to pay for additional costs.

Source: U.S. Equal Employment Opportunity Commission
Document: “The ADA: Your Responsibilities as an Employer”
Available at: https://www.eeoc.gov

How do I appeal an accommodation denial?

If your employer denies your reasonable accommodation request, you have several options for appealing or challenging the denial.

Internal appeal process:

Request reconsideration: Ask your employer to reconsider the denial. Provide additional information about why the accommodation is necessary and how it would be effective. You might propose alternative accommodations that could meet your needs.

Escalate internally: If your immediate supervisor denied the request, consider speaking with HR, a higher-level manager, or a designated ADA coordinator.

Document everything: Keep copies of your accommodation request, your employer’s denial, and all related communications. Documentation will be important if you pursue external remedies.

External complaint options:

Delaware Office of Anti-Discrimination:

File a charge of discrimination within 300 days of the denial.

Contact information:
Wilmington: (302) 761-8200
Dover: (302) 422-1134
Email: DOL_Antidiscrimination@delaware.gov
Website: https://labor.delaware.gov/divisions/industrial-affairs/discrimination/file-a-charge/

U.S. Equal Employment Opportunity Commission:

File a charge with EEOC within 300 days of the denial.

EEOC contact:
Phone: 1-800-669-4000
TTY: 1-800-669-6820
Public Portal: https://publicportal.eeoc.gov/
Philadelphia District Office: https://www.eeoc.gov/field-office/philadelphia

What to include in your complaint:

Describe the accommodation you requested, why you need it due to your disability, when you requested it, why your employer denied it, and why you believe the denial was improper.

Include relevant documentation such as medical records supporting your request, correspondence with your employer, and any evidence of your employer’s reasons for denial.

Legal action:

After filing with OAD or EEOC, you may eventually receive a “Right to Sue” letter allowing you to file a lawsuit in court. You should consult with an employment attorney before filing suit.

Delaware courts: State court litigation under Delaware Discrimination in Employment Act or Handicapped Persons Employment Protection Act

Federal court: Litigation under Americans with Disabilities Act

Timeline considerations:

Act quickly. The 300-day filing deadline is strict. If you wait too long, you may lose your right to file a complaint.

While filing a complaint, you should generally continue working and comply with your employer’s requirements (unless doing so would pose a safety risk). You cannot be retaliated against for filing a good faith complaint.

Consulting an attorney:

Consider consulting with an employment attorney who can:

• Evaluate the strength of your case
• Advise on the best course of action
• Help you prepare documentation
• Represent you in negotiations or litigation

Source: Delaware Office of Anti-Discrimination and U.S. Equal Employment Opportunity Commission
Available at: https://labor.delaware.gov and https://www.eeoc.gov