Title 19, Labor

§ 705. Notice of monitoring of telephone transmissions, electronic mail and Internet usage. (a) As used in this section, “employer” includes any individual, corporation, partnership, firm or association with a place of business in Delaware and the State of Delaware or any agency …

§ 706. Continuation of labor contracts despite merger or other business combination. (a) Notwithstanding any other provisions of this Code, no merger, consolidation, sale of assets or business combination shall result in the termination or impairment of the provisions of any labo…

§ 707. Meal breaks. (a) An employer must allow an employee an unpaid meal break of at least 30 consecutive minutes, if the employee works 71/2 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. However, t…

§ 708. Special employment practices relating to health-care and child-care facilities. (a) Definitions. — (1) “Child care facility” means any child care facility which is required to be licensed by the Department of Education, Office of Child Care Licensing. (2) “Child-serving en…

§ 709. Employment information. (a) An employer or any person employed by the employer who discloses information about a current or former employee’s job performance to a prospective employer is presumed to be acting in good faith; and unless lack of good faith is shown, is immune…

§ 709A. Employer use of social media. (a) For purposes of this section, the following definitions shall apply: (1) “Applicant” means a prospective employee applying for employment. (2) “Electronic communication device” means a cellular telephone, personal digital assistant, elect…

§ 709B. Unlawful employment practices; compensation history (a) Definitions. — For the purposes of this section: (1) “Applicant” means a prospective employee applying for employment. (2) “Compensation” includes monetary wages as well as benefits and other forms of compensation. (…

§ 709C. Transparency in pay rates, employment, and advancement opportunities [Effective Sept. 26, 2027]. (a) As used in this section: (1) “Employer” means as defined in § 709A of this title. (2) “Hourly or salary compensation range” means the minimum to maximum pay range for the …

§ 710. Definitions. For the purposes of this subchapter: (1) “Age” means the age of 40 or more years of age. (2) “Charging party” means any individual or the Department who initiates proceedings by the filing of a verified charge of discrimination, and who preserves a cause of ac…

§ 711. Unlawful employment practices; employer practices. (a) Definitions. — As used in this section: (1) “Certifying body or organization” means an independent body or entity duly accredited to issue a formal certification that an applicant meets specific local, state, or nation…

§ 711A. Unlawful employment practices; sexual harassment. (a) Purpose. — 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…

§ 711B. Employer-sponsored meetings or communications. (a) As used in this section: (1) “Political matters” means matters relating to political parties, legislation, regulation, public policy, campaigns for election, or the decision to join or support any political party or polit…

§ 712. Enforcement provisions; powers of the Department; administrative process. (a) The Department of Labor is empowered, as hereinafter provided, to prevent any person from engaging in any unlawful employment practice as set forth in §§ 711, 711A, 711B, 719A, 723, and 724 of th…

§ 713. Civil action by the Attorney General; complaint. (a) Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights secured by this subchapter or…

§ 714. Civil action by the charging party; Delaware Right to Sue Notice; election of remedies. (a) A charging party may file a civil action in Superior Court, after exhausting the administrative remedies provided herein and receipt of a Delaware Right to Sue Notice acknowledging …

§ 715. Judicial remedies; civil penalties. (a) Superior Court shall have jurisdiction over all proceedings brought by the charging party under § 714 of this title. Superior Court may excuse a charging party who has complied with the compulsory conciliation provisions of this chap…

§ 716. Posting of notices; penalties. (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…

§ 717. Veterans’ special rights or preference. Nothing contained in this subchapter or subchapter III of this chapter shall be construed to repeal or modify any state or local law creating special rights or preferences for veterans.19 Del. C. 1953, § 717; 58 Del. Laws, c. 285; 66…

§ 718. Short title, effective date, savings clause. (a) This subchapter may be cited as the “Discrimination in Employment Act.” (b) This subchapter shall become effective September 10, 2004. (c) This subchapter does not affect any cause of action or the remedy provided therefor i…

§ 719. Criminal jurisdiction. The Superior Court shall have exclusive original jurisdiction over all criminal violations of this subchapter.77 Del. Laws, c. 90, § 28;

§ 719A. Volunteer firefighters, ambulance personnel and ladies auxiliary. It shall be an unlawful employment practice for an employer to discriminate in the hiring or discharging of an individual because of such individual’s membership in a volunteer emergency responder organizer…

§ 720. Short title. This subchapter may be cited as the “Persons With Disabilities Employment Protections Act.”66 Del. Laws, c. 337, § 2; 78 Del. Laws, c. 179, § 250;

§ 721. Statement of purpose and interpretation. (a) This subchapter is intended to encourage and enable qualified persons with disabilities to engage in remunerative employment which is sought by them in good faith. The General Assembly finds that the practice of employment discr…

§ 722. Definitions. As used in this subchapter, unless the context otherwise requires: (1) The terms “person,” “employee,” “employment agency,” “labor organizations,” “Secretary” and “review board” are defined in § 710 of this title. (2) “Disability” means any condition or charac…

§ 723. Reasonable accommodation duties. (a) A qualified person with a disability requesting a reasonable accommodation in a good-faith effort to seek an employment opportunity must apprise the employer, employment agency or labor organization of the person’s disability, submit an…

§ 724. Unlawful employment practices. (a) Employer prohibitions. — It shall be an unlawful employment practice for an employer because of disability to: (1) Fail or refuse to hire, recruit or promote a qualified person with a disability who seeks such an employment opportunity in…

§ 725. Affirmative defenses. In defense of any action to enforce § 724 of this title a respondent may assert affirmative defenses, including, but not limited to, the following: (1) Despite reasonable accommodation, a person with a disability cannot satisfactorily perform the esse…

§ 726. Retaliation prohibited. It shall be an unlawful employment practice for any employer to discharge, refuse to hire or otherwise discriminate against any person or applicant for employment, or any employment agency to discriminate against any person or any labor organization…

§ 727. Enforcement provisions and election remedies. (a) Enforcement of this subchapter shall be in accordance with the procedures for enforcement of rights secured by subchapter II of this chapter. (b) Enforcement of this subchapter as authorized by § 712 of this title shall be …

§ 728. Regulations. The Secretary shall adopt such rules and regulations as may be necessary and proper to implement the policies of this subchapter.66 Del. Laws, c. 337, § 2;

§ 730. Short title. This subchapter may be cited as the “Right to Inspect Personnel Files Act.”64 Del. Laws, c. 473, § 1; 66 Del. Laws, c. 337, § 1;

§ 731. Definitions. As used in this subchapter: (1) “Employee” means any person currently employed, laid off with reemployment rights or on leave of absence. The term “employee” shall not include applicants for employment or designated agents. (2) “Employer” shall mean any indivi…

§ 732. Inspection of personnel files. An employer shall, at a reasonable time, upon request of an employee, permit that employee to inspect that employee’s own personnel files used to determine that employee’s own qualifications for employment, promotion, additional compensation,…

§ 733. Removal of file; note taking; protection of file; inspection time. Nothing in this subchapter shall be construed as a requirement that an employee be permitted to remove the employee’s own personnel file, any part thereof or a copy of the contents of such file from the pla…

§ 734. Removal or correction of information; employee’s explanatory statement. If upon inspection of the employee’s personnel file an employee disagrees with any of the information contained in such file or records, removal or correction of such information may be agreed upon by …

§ 735. Refusing employee access; penalty; jurisdiction of violations. (a) Any employer who refuses an employee access to personnel files as provided in this subchapter shall be deemed in violation of this subchapter and shall be subject to a civil penalty of not less than $1,000 …

§ 736. Safe destruction of records containing personal identifying information. (a) Definitions. — (1) “Personal identifying information” means an employee’s first name or first initial and last name in combination with any 1 of the following data elements that relate to the empl…

§ 740. Short title. This subchapter may be known and cited as the “Employment First Act.”78 Del. Laws, c. 331, § 1;

§ 741. Statement of purpose. The General Assembly finds that the benefits of meaningful work have significance and importance to all working-age individuals, including persons with disabilities, which shall include, but not be limited to, veterans with service-connected disabilit…

§ 742. Definitions. As used in this subchapter, unless the context otherwise requires: (1) “Competitive employment” means work in the competitive labor market that is performed on a full-time or part-time basis in an integrated setting and for which a person with a disability is …

§ 743. Employment first policy. It is hereby declared to be the policy of this State that competitive employment in an integrated setting shall be considered its first and priority option when offering or providing services to persons with disabilities who are of working age. All…

§ 744. Implementation of policy by state agencies. (a) All state agencies shall coordinate efforts and shall collaborate within and among such agencies to ensure that state programs, policies, procedures and funding support competitive employment in integrated settings for person…

§ 745. Establishment of Employment First Oversight Commission. (a) There is hereby established an Employment First Oversight Commission under the purview of the State Council for Persons with Disabilities, which shall facilitate the full, effective and timely implementation of th…

§ 746. Commission organization; meetings; officers; quorum. (a) The Commission shall hold regularly scheduled business meetings at least once in each quarter, and at such times as the chairperson deems necessary, or at the request of a majority of the members of the Commission. (…

§ 747. Powers and duties of Commission. (a) The Commission shall review measurable goals and objectives as submitted to it by each relevant state agency to ensure implementation of this subchapter. The Commission shall track the measurable progress of state agencies in implementi…

§ 750. Short title. This subchapter may be known as the “Jamie Wolfe Employment Act.” 83 Del. Laws, c. 254, § 1;