Fostering Fair &
Inclusive Workplaces

Every Delaware worker deserves a discrimination-free workplace. We enforce anti-discrimination laws and provide resources to help employees and employers build inclusive, equitable environments.

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About US

Who We Are

The Office of Anti-Discrimination (OAD) is a neutral resource dedicated to eliminating workplace discrimination in Delaware. We help resolve disputes, educate on rights and responsibilities, and ensure compliance with anti-discrimination laws through complaints, training, and resources.

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Delaware law protects workers from discrimination based on:

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Race

Color

National Origin

Sex


(including pregnancy)

Religion

Disability

Age (40 and over)

Genetic Information

Sexual Orientation

Gender Identity

Marital Status

Reproductive Healthcare Decisions

Housing Status

Understanding Discrimination in the Workplace

What is Workplace Discrimination?

Workplace discrimination occurs when an employee or applicant is treated unfairly due to a protected characteristic. This can include:
  • HARASSMENT:
    Creating a hostile or offensive work environment.

  • RETALIATION:
    Adverse actions taken for reporting or opposing discrimination

  • UNEQUAL OPPORTUNITIES:
    Bias in hiring, promotions, training, or benefits.

  • UNLAWFUL POLICIES:
    Rules or practices that disproportionately impact certain groups.

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How to File a Charge

  • 1

    Submit a charge within 300 days of the discriminatory act.

  • 2

    Provide specific details about the discrimination.

  • 3

    The Office of Anti-Discrimination will review and investigate valid charges.

OAD serves as a neutral third party, ensuring fair and thorough evaluations for all claims. Resolution options may include mediation or a full investigation.

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Know Your Responsibilities

  • Keep policies up to date and post required notices.
  • Document all employment decisions and actions.
  • Take all complaints seriously and investigate promptly.
  • Prevent retaliation against anyone who reports or participates in a discrimination claim.
  • Maintain all related records until the case is closed.
  • Contact OAD with questions or to request training.

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If a Charge Is Filed Against You

If your company receives a Notice of Charge of Discrimination, it means a complaint has been filed—not that you’ve been found at fault.
Here’s what to expect:
  • You’ll be notified and may choose mediation early in the process.
  • If you don’t mediate, submit an answer and position statement to OAD and share a copy with the charging party (except for witness names, medical files, or trade secrets).
  • Within about 60 days, OAD will make a preliminary determination:
    • Mediation – if both parties agree.
    • No Reasonable Cause – may lead to dismissal.
    • Further Investigation – if more information is needed.
  • Cooperate fully, respond on time, and keep all relevant records.
  • OAD remains a neutral investigator and may contact you for on-site visits, document reviews, or interviews.
Once OAD completes its review, one of the following outcomes will occur:
  • No Reasonable Cause – The case is closed. The charging party receives a Right to Sue notice allowing them to file in state court within 90 days.
  • Reasonable Cause – Both parties are invited to conciliation, a voluntary process to resolve the issue before litigation.
  • OAD encourages employers to participate fully—conciliation often helps both sides avoid lengthy, costly legal action.

A free, voluntary, and confidential way to resolve charges before an investigation begins.

  • Most sessions take 1–5 hours and can close a case immediately.

  • Mediators are neutral third parties.

  • Agreements reached are enforceable, and information discussed is not used in investigations.

No-Fault Settlement

You can settle a case at any time during an investigation. Settlements are voluntary, informal, and enforceable.

There is no admission of liability, and early resolution often saves time and resources.

Conciliation

If OAD finds discrimination occurred, both parties are invited to conciliation.

This is a final chance to resolve the charge informally before litigation.

Agreements reached remove the uncertainty and cost of going to court.

Employer Compliance & Prevention

Taking proactive steps helps you foster a fair, inclusive workplace and stay compliant with anti-discrimination laws. Regularly review and update your policies to reflect changes in federal and state requirements. If a charge is filed, respond promptly and cooperate with the Office of Anti-Discrimination during the investigation. Staying informed about new regulations and best practices helps ensure your workplace remains equitable, lawful, and respectful for everyone.

Have a Written Policy

Train Your Workforce

Post Mandatory Notices

Foster Inclusivity

Document Everything

Follow Up on Complaints

Investigate complaints promptly and thoroughly. Take appropriate corrective action if discrimination or harassment is found.

Guide For Employers

This guide provides employers with a step-by-step overview of the discrimination charge process, outlining key responsibilities, investigation procedures, and best practices for compliance.

Discrimination Intake Form

Use this form to file a discrimination complaint with the Office of Anti-Discrimination. Provide details of the claim to begin the investigation process.

Access Resources in Multiple Languages

Find essential workplace resources in English, Spanish, and Haitian Creole to stay informed and compliant. Explore guides, forms, and compliance materials tailored to your needs.

 

 

 

Watch & Learn: Preventing Workplace Discrimination

Understanding Workplace Discrimination: Your Rights & Protections

Workplace discrimination is illegal. This video explains what constitutes discrimination, the protected characteristics under Delaware law, and how employees and businesses can foster an inclusive work environment.

How to File a Workplace Discrimination Charge

If you've experienced discrimination at work, this video provides a step-by-step guide on how to file a charge with the Office of Anti-Discrimination. Employers will also learn best practices for handling complaints and preventing workplace bias.
If you need language assistance or a reasonable accommodation to participate in the process, contact the Office of Anti-Discrimination at (302) 761-8200, opt. 3.

Get in Touch!

Do you have questions or need assistance? Fill out the form below, and we'll respond within 48 hours.

Get in Touch!

Do you have questions or need assistance? Fill out the form below, and we'll respond within 48 hours.

We’re here to help

 DOL_Antidiscrimination@Delaware.gov

302-761-8200 (Option #4)

Monday - Friday, 8:00 AM - 4:30 PM

Newark

252 Chapman Road, Suite 210

Wilmington

4425 North Market Street

Dover

Blue Hen Corporate Center, Suite 2H

Georgetown

8 Georgetown Plaza, Suite 2

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