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Anti-Discrimination
Key Concepts & Compliance Basics
- What are the protected classes under Delaware law?
- What is workplace discrimination?
- What are an employer’s basic legal responsibilities under anti-discrimination laws?
- How can employers proactively prevent discrimination in the workplace?
- What behaviors are considered discrimination, harassment, or retaliation?
- What are reasonable accommodations and when must employers provide them?
Understanding Discrimination Charges
- What does it mean when my company receives a Notice of Charge of Discrimination?
- What constitutes retaliation and why must employers avoid it?
- Does receiving a discrimination charge mean my company is guilty?
- What is the role of the Office of Anti-Discrimination during an investigation?
- Which employers are covered under Delaware discrimination laws ?
Responding to a Charge
- What information or documents will OAD request from my company?
- What is an Investigation Conference and do employers have to attend?
- How quickly do employers need to respond to OAD requests?
- Why is cooperation important during an OAD investigation?
- What types of documents must employers retain during an active investigation?
- What happens if an employer does not respond to a charge or request for information?
Investigation Process & Outcomes
- What does a “No Reasonable Cause” finding mean for the employer?
- What outcomes can result from OAD’s preliminary determination? (Mediation, No Reasonable Cause, Further Investigation)
- How long does it take for OAD to issue a preliminary determination?
- Can employers submit additional evidence during or after the preliminary review?
- What is the expected timeline for a full OAD investigation?
Employer Rights & Responsibilities
- What are an employer’s rights during a discrimination investigation?
- What are my responsibilities after receiving a charge of discrimination?
- Why is document preservation required under federal and state law?
- How can employers prevent workplace discrimination claims?
- What steps can employers take to prepare for an OAD investigation?