Delaware Employment Law
Delaware Discrimination in Employment Act covers employers with 4+ employees. Protections include reproductive health decisions, family responsibilities, and domestic violence victim status.
At-Will
Yes
Right-to-Work
No
EEOC Deferral
300 days
Min. Wage
$15.00
Delaware State Laws (10)
DDEA
Del. Code Ann. tit. 19, §§ 710-718
Delaware's primary anti-discrimination employment statute prohibiting discrimination based on a broad range of protected classes. Covers employers with 4 or more employees and includes protections for reproductive health decisions, family responsibilities, and status as a victim of domestic violence, sexual offense, or stalking — protections that go well beyond federal law.
Protected Classes
Key Provisions
- ✓Low employer threshold of 4 employees
- ✓Broad protected classes including reproductive health decisions and family responsibilities
- ✓Protects victims of domestic violence, sexual offense, or stalking from employment discrimination
- ✓Covers pregnancy as a component of sex discrimination
- ✓Includes gender identity and sexual orientation protections
- ✓Administrative process through the Delaware Department of Labor
Remedies
DE Whistleblower
Del. Code Ann. tit. 19, § 1703
Protects employees from retaliation for reporting or opposing violations of law, regulation, or for participating in investigations or proceedings. Provides protections for both public and private-sector employees who report suspected legal violations in good faith.
Key Provisions
- ✓Prohibits retaliation against employees who report suspected violations of law
- ✓Covers both internal and external reports of legal violations
- ✓Protects employees who participate in investigations or proceedings
- ✓Applies to both public and private-sector employers
- ✓Provides a private right of action for retaliation claims
Remedies
DE PFML
Del. Code Ann. tit. 19, ch. 37
Delaware's paid family and medical leave program, effective in 2026, provides eligible employees with paid leave benefits for qualifying family and medical reasons. Employers with 10 or more employees in Delaware are required to participate in the program, which is funded through employer and employee premiums.
Key Provisions
- ✓Provides up to 12 weeks of paid parental leave and 6 weeks of other qualifying leave
- ✓Covers bonding with a new child, family member's serious health condition, employee's own condition
- ✓Employers with 10+ employees must participate
- ✓Phased implementation beginning in 2026
- ✓Job protection and anti-retaliation provisions
- ✓Funded through shared employer-employee premiums
Remedies
DE Equal Pay
19 Del. C. § 1107A
Prohibits sex-based pay discrimination for equal work. Salary-history inquiry ban added in 2017 (codified at § 709B).
Protected Classes
Key Provisions
- ✓Prohibits sex-based pay discrimination for equal work. Salary-history inquiry ban added in 2017 (codified at § 709B).
Remedies
DE Jury Service Employment
10 Del. C. § 4515
Prohibits employers from depriving employees of employment because of jury service.
Key Provisions
- ✓Prohibits employers from depriving employees of employment because of jury service.
Remedies
DE Pregnant Workers Fairness
19 Del. C. § 711(d)
Adds explicit pregnancy/childbirth/lactation accommodation duty to the Delaware Discrimination in Employment Act (DDEA). Requires interactive process; cannot force leave if other accommodation is available.
Protected Classes
Key Provisions
- ✓Adds explicit pregnancy/childbirth/lactation accommodation duty to the Delaware Discrimination in Employment Act (DDEA). Requires interactive process; cannot force leave if other accommodation is available.
Remedies
DE Marijuana Control Employment
4 Del. C. § 1304(g) (limited)
Delaware legalized adult-use marijuana in 2023, but the statute does NOT broadly prohibit employment discrimination based on off-duty cannabis use. Only medical marijuana users have explicit employment protection (16 Del. C. § 4905A).
Protected Classes
Key Provisions
- ✓Delaware legalized adult-use marijuana in 2023, but the statute does NOT broadly prohibit employment discrimination based on off-duty cannabis use. Only medical marijuana users have explicit employment protection (16 Del. C. § 4905A).
Remedies
DE Social Media Privacy
19 Del. C. § 709A
Prohibits employers from requiring access to personal social-media accounts, requiring login credentials, or retaliating against employees who refuse.
Key Provisions
- ✓Prohibits employers from requiring access to personal social-media accounts, requiring login credentials, or retaliating against employees who refuse.
Remedies
DE Volunteer Emergency Responder
19 Del. C. §§ 5101–5106
Prohibits employers from terminating or disciplining volunteer firefighters, ambulance, and emergency responders for late arrival at work due to emergency response.
Key Provisions
- ✓Prohibits employers from terminating or disciplining volunteer firefighters, ambulance, and emergency responders for late arrival at work due to emergency response.
Remedies
DE Wage Payment and
19 Del. C. §§ 1101–1115
Requires timely payment of wages; final wages due on next regularly scheduled payday. Liquidated damages of 10% per day (max 100%) for willful failure plus attorney fees.
Protected Classes
Key Provisions
- ✓Requires timely payment of wages; final wages due on next regularly scheduled payday. Liquidated damages of 10% per day (max 100%) for willful failure plus attorney fees.
Remedies
Federal Laws That Apply in Delaware
These federal statutes protect workers nationwide, including in Delaware. As a deferral state, the EEOC filing deadline is extended to 300 days for most claims.
Check which laws apply to your situation in Delaware
Our free assessment identifies applicable federal, state, and local protections based on your specific circumstances.
Check My RightsThis information is provided for educational purposes only and does not constitute legal advice.Delaware laws are subject to legislative changes. Consult a qualified employment attorney in Delaware for advice about your specific situation. Last reviewed: March 2026.