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 (3)

DDEA

Del. Code Ann. tit. 19, §§ 710-718

300 days
4+ employees

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

racemarital statusgenetic informationcolorage (40+)religionsex (including pregnancy)sexual orientationgender identitynational origindisabilityreproductive health decisionsfamily responsibilitiesvictim of domestic violence, sexual offense, or stalking

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

Back payFront payCompensatory damagesPunitive damagesReinstatementInjunctive reliefAttorney fees and costs
File with: Delaware Department of Labor, Office of Anti-Discrimination300 days

DE Whistleblower

Del. Code Ann. tit. 19, § 1703

90 days
1+ employees

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

ReinstatementBack pay and lost benefitsCompensatory damagesAttorney fees and costsInjunctive relief
File with: Delaware Department of Labor or private lawsuit90 days for administrative complaint; private action within statute of limitations

DE PFML

Del. Code Ann. tit. 19, ch. 37

— days
10+ employees

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

Paid leave benefitsJob protection during leaveReinstatement to same or comparable positionProtection from retaliation
File with: Delaware Department of LaborBenefits must be claimed within applicable timeframes

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.

Title VII15+ employees
300 days
ADA15+ employees
300 days
ADEA20+ employees
300 days
EPA1+ employees
730 days
PDA15+ employees
300 days
PWFA15+ employees
300 days
FMLA50+ employees
730 days
FLSA1+ employees
730 days
Section 19811+ employees
1460 days
GINA15+ employees
300 days
USERRA1+ employees
— days
NLRA1+ employees
180 days
OSH Act1+ employees
30 days
WARN Act100+ employees
— days
Rehabilitation Act1+ employees
300 days
SOX Section 8061+ employees
180 days
INA Section 1324b4+ employees
180 days

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 Rights

This 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: February 2025.