Chapter 7

§ 701 Order on employer to pay employee’s loan carrying excessive interest rate; penalty for payment. (a) No employer in this State shall knowingly pay any warrant or order due any person for borrowed money where more than the lawful rate of interest has been received or charged for the money borrowed. (b) Any employer, whether an individual, member of a firm, agent or officer of a corporation, who shall knowingly violate this section shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation. A civil penalty claim may be filed in any court of competent jurisdiction. 25 Del. Laws, c. 233, §§  1-3 ; Code 1915, §  4129; Code 1935, §  4617; 19 Del. C. 1953, §  702; 57 Del. Laws, c. 137 ; 67 Del. Laws, c. 260, §  1 ; 69 Del. Laws, c. 294, §  4 ; § 702 Payment of wages for railroad employees every 2 weeks. (a) Every corporation or joint stock association operating a steam, electric or diesel surface railroad or engaged in the sleeping car business and every person carrying on such a business, by lease or otherwise, shall pay to each employee every 2 weeks the wages earned to a day not more than 14 days prior to the date of such payment. This section shall not apply to any person employed in a bona fide executive, administrative or professional capacity. (b) Every corporation or joint stock association or person carrying on such a business by lease or otherwise who knowingly does not pay the wages of all its or that person’s employees in accordance with this section, and the officers of such corporation or joint stock association who knowingly permit a corporation or joint stock association to violate this section by failing to pay the wages of any of its employees, shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation. A civil penalty claim may be filed in any court of competent jurisdiction. 19 Del. C. 1953, §  703; 52 Del. Laws, c. 107 ; 67 Del. Laws, c. 260, §  1 ; 69 Del. Laws, c. 294, §  5 ; 70 Del. Laws, c. 186, §  1 ; § 703 Employment of strike breakers. (a) It shall be unlawful for any person, firm or corporation, not directly involved in a labor strike or lockout, to recruit any person or persons for employment or to secure or offer to secure for any person or persons any employment, when the purpose of such recruiting, securing or offering to secure employment is to have such persons take the place in employment of employees in an industry where a labor strike or a lockout involving a recognized labor organization exists; provided, that this section shall not apply to the Delaware State Employment Service or the United States Employment Service or to any person, firm or corporation engaged in the production, handling or the processing of agricultural commodities. (b) Whoever violates this section shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation. A civil penalty claim may be filed in any court of competent jurisdiction. (c) No person, firm or corporation recruiting persons for employment shall be subject to the penalties imposed by this section, unless the labor organization involved in said labor strike or lockout gives actual notice to said person, firm or corporation of the existence of said labor strike or lockout. 19 Del. C. 1953, §  704; 53 Del. Laws, c. 78 ; 67 Del. Laws, c. 260, §  1 ; 69 Del. Laws, c. 294, §  6 ; § 704 Polygraph, lie detector or similar test or examination prohibited as condition of employment or continuation of employment; definitions; jurisdiction; penalty; exclusion. (a) As used in this section, “person” includes any individual, corporation, partnership, firm, association and the State or any agency or political subdivision thereof, except as noted in subsection (d) of this section. (b) No person, nor any agent or representative of a person, shall require, request or suggest that any employee or prospective employee take or shall cause, directly or indirectly, any employee or prospective employee to take a polygraph, lie detector or similar test or examination as a condition of employment or continuation of employment. (c) Whoever violates this section shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation. A civil penalty claim may be filed in any court of competent jurisdiction. (d) This section shall not apply to any polygraph, lie detector or similar test or examination administered by any law-enforcement agency in the performance of official duties which shall include police officer applicant background investigations. (e) As used in this section, the term “lie detector” shall include, but shall not be limited to, any electromechanical device which records or analyzes vocally produced sound frequency variations associated with stress for the purpose of determining the truth of any oral statement. (f) Any employer who discharges or in any manner discriminates against an employee because that employee has made a complaint or has given information to the department pursuant to this section, or because the employee has caused to be instituted or is about to cause to be instituted any proceedings under this section, or has testified or is about to testify in any such proceedings, shall be deemed in violation of this section and shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation. 19 Del. C. 1953, §  705; 55 Del. Laws, c. 357 ; 62 Del. Laws, c. 95, §  1 ; 66 Del. Laws, c. 107, §§  1, 2 ; 67 Del. Laws, c. 260, §  1 ; 69 Del. Laws, c. 294, §  7 ; 70 Del. Laws, c. 186, §  1 ; 70 Del. Laws, c. 460, §  1 ; § 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 or political subdivision thereof. (b) No employer, nor any agent or any representative of any employer, shall monitor or otherwise intercept any telephone conversation or transmission, electronic mail or transmission, or Internet access or usage of or by a Delaware employee unless the employer either: (1) Provides an electronic notice of such monitoring or intercepting policies or activities to the employee at least once during each day the employee accesses the employer-provided e-mail or Internet access services; or (2) Has first given a 1-time notice to the employee of such monitoring or intercepting activity or policies. The notice required by this paragraph shall be in writing, in an electronic record, or in another electronic form and acknowledged by the employee either in writing or electronically. The notice required by this subsection shall not apply to activities of any law-enforcement officer acting under the order of a court issued pursuant to Chapter 24 of Title 11. (c) Whoever violates this section shall be subject to a civil penalty of $100 for each such violation. A civil penalty claim may be filed in any court of competent jurisdiction. (d) The provisions of this section shall not be deemed to be an exclusive remedy and shall not otherwise limit or bar any person from pursuing any other remedies available under any other law, state or federal statute, or the common law. The violations of this section by an employer shall not be admitted into evidence for the purpose of, or used as, a defense to criminal liability of any person in any Court in this State. (e) The provisions of this section shall not apply to processes that are designed to manage the type or volume of incoming or outgoing electronic mail or telephone voice mail or Internet usage, that are not targeted to monitor or intercept the electronic mail or telephone voice mail or Internet usage of a particular individual, and that are performed solely for the purpose of computer system maintenance and/or protection. 73 Del. Laws, c. 148, §  1 ; 73 Del. Laws, c. 403, §§  1, 2 ; § 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 labor contract covering persons engaged in employment in this State and negotiated by a labor organization or by a collective bargaining agent or other representative. Notwithstanding such merger, consolidation, sale of assets or business combination, such labor contract shall continue in effect until its termination date or until otherwise agreed by the parties to such contract or their legal successors. (b) For purposes of this section: (1) “Business combination” includes any merger, consolidation, joint venture, lease, sale, dividend exchange, mortgage, pledge, transfer or other disposition (in 1 transaction or a series of transactions) whether with a subsidiary or otherwise; and (2) “Employment” shall have the meaning set forth in § 3302(14)(H) and (I) of this title. (c) In the event that any such employee is denied or fails to receive wages, benefits or wage supplements as a result of a violation of this section, and in addition to injunctive or other relief provided by law, the provisions of Chapter 11 of this title shall be applicable to secure recovery against the merged or consolidated corporation or the resulting corporation, notwithstanding anything contained therein or elsewhere to the contrary. The remedies provided for herein shall be available against any of the parties to such merger, consolidation, sale of assets or business combination. 66 Del. Laws, c. 220, §  1 ; 84 Del. Laws, c. 365, § 1 ; § 707 Meal breaks. (a) An employer must allow an employee an unpaid meal break of at least 30 consecutive minutes, if the employee works 7 1 / 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, this rule does not apply to any professional employee certified by the State Board of Education and employed by a local school board to work directly with children. Also, it does not apply where there is a collective bargaining agreement or other written employer-employee agreement providing otherwise. Further, the Secretary of Labor shall issue rules for granting exemptions in cases where: (1) Compliance would adversely affect public safety; (2) Only 1 employee may perform the duties of a position; (3) An employer has fewer than 5 employees on a shift at a single place of business (in which case the exemption applies only to that shift); or (4) The continuous nature of an employer’s operations, such as chemical production or research experiments, requires employees to respond to urgent or unusual conditions at all times and the employees are compensated for their meal break periods. (b) Any employer who discharges or in any manner discriminates against an employee because that employee has made a complaint or has given information to the Department of Labor pursuant to a violation of this section, or because the employee caused to be instituted or is about to cause to be instituted any proceedings under this section, or has testified or is about to testify in any such proceedings shall be deemed in violation of this section. (c) Whoever violates this section shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation. Jurisdiction of violations of this subchapter shall be in any court of competent jurisdiction. 68 Del. Laws, c. 357, §  1 ; 69 Del. Laws, c. 294, §§  8, 9 ; 70 Del. Laws, c. 186, §  1 ; § 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 entity” means as defined in § 309 of Title 31. (3) “Direct access” means the opportunity to have personal contact with persons receiving care during the course of one’s assigned duties. (4) “Health-care facility” means any custodial or residential facility where health, nutritional or personal care is provided for persons, including long-term care facilities as defined in § 1102 of Title 16, hospitals, home health-care agencies, and adult day-care facilities. (5) “Person seeking employment” means any person applying for employment in a health-care facility or child-care facility that affords direct access to persons receiving care at such a facility, or a person applying for licensure to operate a child-care facility. (b) Service letter. — (1) a. No employer who operates a health-care facility or child-care facility, or provides health, nutritional, or personal care in such a facility, shall hire any person seeking employment without obtaining 1 or more service letters regarding that person, provided such person has been previously employed. Any service letters obtained must include a service letter from the person’s current or most recent previous employer. In addition, if a person seeking employment was employed in a health-care facility or by a child-serving entity within the past 5 years, the employer must obtain a service letter from all such employers. If the person seeking employment has not been previously employed, or was self-employed, then the employer must require the person to provide letters of reference from 2 adults who are familiar with the person, but who are not relatives of the person. b. If the prospective employer attempts to obtain a service letter from a previous employer and the previous employer fails to respond, the previous employer’s failure to respond must be documented and reported to the Department of Labor. (c) Temporary agencies. — Any temporary agency responsible for providing temporary employees to a health-care facility or child-care facility, when such employees qualify as “persons seeking employment” for purposes of paragraph (a)(5) of this section, is considered an employer and is responsible for complying with the requirements of this section. 71 Del. Laws, c. 200, §  1 ; 70 Del. Laws, c. 186, §  1 ; 81 Del. Laws, c. 207, § 6 ; 84 Del. Laws, c. 289, § 1 ; 84 Del. Laws, c. 461, § 1 ; 85 Del. Laws, c. 450, § 1 ; § 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 from civil liability for such disclosure or its consequences. For purposes of this section, the presumption of good faith may be rebutted upon a showing that the information disclosed by such employer was knowingly false, was deliberately misleading or was rendered with malicious purpose; or that the information was disclosed in violation of a nondisclosure agreement, or was otherwise confidential according to applicable federal, state or local statute, rule or regulation. (b) For purposes of this section, the word “information” includes: (1) Information about an employee’s or former employee’s job performance or work-related characteristics; (2) Any act committed by such employee which would constitute a violation of federal, state or local law; or (3) An evaluation of the ability or lack of ability of such employee or former employee to accomplish or comply with the duties or standards of the position held by such employee or former employee. 70 Del. Laws, c. 367, §  1 ; 71 Del. Laws, c. 200, §  1 ; § 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, electronic device with mobile data access, laptop computer, pager, broadband personal communication device, 2-way messaging device, electronic game, or portable computing device. (3) “Employee” means any individual employed within the State by an employer. This section does not apply to employees or applicants of the United States government in those capacities. (4) “Employer” means any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee or applicant, including the State and any political subdivision or board, department, commission, or school district thereof, and excluding the United States government. (5) “Personal social media” means an account on a social networking site created and operated by an employee or applicant exclusively for the employee or applicant’s personal use. “Personal social media” does not include an account on a social networking site created or operated by an employer and that is operated by an employee as part of their employment. (6) “Social networking site” means an internet-based, personalized, privacy-protected website or application whether free or commercial that allows users to construct a private or semi-private profile site within a bounded system, create a list of other system users who are granted reciprocal access to the individual’s profile site, send and receive e-mail, and share personal content, communications, and contacts. (b) An employer shall not require or request an employee or applicant to do any of the following: (1) Disclose a username or password for the purpose of enabling the employer to access personal social media. (2) Access personal social media in the presence of the employer. (3) Use personal social media as a condition of employment. (4) Divulge any personal social media, except as provided in subsection (d) of this section. (5) Add a person, including the employer, to the list of contacts associated with the employee’s or applicant’s personal social media, or invite or accept an invitation from any person, including the employer, to join a group associated with the employee’s or applicant’s personal social media. (6) Alter the settings on the employee’s or applicant’s personal social media that affect a third party’s ability to view the contents of the personal social media. (c) Nothing in this section shall affect an employer’s rights and obligations under the employer’s personnel policies, federal or state law, case law, or other rules or regulations to require or request an employee to disclose a username, password, or social media reasonably believed to be relevant to an investigation of allegations of employee misconduct or employee violation of applicable laws and regulations, provided that the social media is used solely for purposes of that investigation or a related proceeding. (d) Nothing in this section precludes an employer from requiring or requesting an employee to disclose a username, password, or other method for the purpose of accessing (i) an electronic communication device supplied by or paid for in whole or in part by the employer; or (ii) an account or service provided by the employer, obtained by virtue of the employee’s employment relationship with the employer, or used for the employer’s business purposes. (e) Nothing in this section precludes an employer from monitoring, reviewing, accessing, or blocking electronic data stored on an employer’s network or on an electronic communications device supplied by or paid for in whole or in part by the employer. (f) Nothing in this section precludes an employer from complying with a duty to screen employees, or applicants before hiring, or to monitor or retain employee communications: (1) That is established under federal or state law or by a self-regulatory organization, as defined in the Securities and Exchange Act of 1934, 15 U.S.C. § 78c(a)(26); or (2) In the course of a law-enforcement employment application or law-enforcement officer conduct investigation performed by a law-enforcement agency. (g) Nothing in this section precludes an employer from viewing, accessing, or using information about an employee or applicant that is in the public domain. (h) An employer shall not discharge, discipline, threaten to discharge or discipline, or otherwise retaliate against an employee or applicant for not complying with a request or demand by the employer that violates this section. However, this section does not prohibit an employer from terminating or otherwise taking an adverse action against an employee or applicant if otherwise permitted by law. 80 Del. Laws, c. 146, §  1 ; § 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. (b) It shall be an unlawful employment practice for an employer or an employer’s agent to: (1) Screen applicants based on their compensation histories, including by requiring that an applicant’s prior compensation satisfy minimum or maximum criteria. (2) Seek the compensation history of an applicant from the applicant or a current or former employer. (c) For the purposes of this section, if an employer can demonstrate that the employer’s agent, who is not an employee, was informed of the requirements of this section and instructed to comply by the employer, then the employer is not liable for actions taken by the agent in violation of this section. (d) Nothing in this section prohibits an employer or an employer’s agent and an applicant from discussing and negotiating compensation expectations provided that the employer or employer’s agent does not request or require the applicant’s compensation history. (e) Nothing in this section prohibits an employer or an employer’s agent from seeking the applicant’s compensation history after an offer of employment with terms of compensation has been extended to the applicant and accepted, for the sole purpose of confirming the applicant’s compensation history. (f) The Department of Labor shall post the requirements of this section on its website and shall perform outreach as necessary to educate employers of the requirements of this section. (g) Enforcement. — The Department of Labor has the same powers under this section as given in § 1111 of this title. (h) Penalties. — (1) Any employer or employer’s agent who violates or fails to comply with any requirement of this section shall be deemed in violation of this section and shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for the first offense and not less than $5,000 nor more than $10,000 for each subsequent violation. (2) For penalty purposes, any actions by an employer or employer’s agent that violate the provisions of paragraph (b)(1) or (b)(2) of this section that pertain to interviewing and hiring for a single position shall constitute a single violation. (3) A civil penalty claim may be filed in any court of competent jurisdiction. 81 Del. Laws, c. 41, § 1 ; § 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 position, set in good faith by reference to any applicable pay scale, previously determined range for the position, the actual range of others currently holding equivalent positions, or the budgeted amount for the position, as applicable. (b) (1) If an employer announces, posts, or otherwise makes known a job opportunity, the employer must include the hourly or salary compensation range and a general description of the benefits and other compensation. (2) If an external or internal posting for the job opportunity has not been made available to an applicant, the employer must provide the applicant the hourly or salary compensation range and a general description of the benefits and other compensation for the job opportunity prior to any offer or discussion of compensation and at any time at the applicant’s request. (3) Temporary, interim, or acting job opportunities that require an immediate hire are exempt from the requirement of paragraph (b)(1) of this section. The Department of Labor may promulgate regulations for temporary, interim, or acting job opportunities that necessitate immediate hire. (c) (1) Except as provided under paragraph (c)(2) of this section, an employer must disclose all of the following in the notification of each job opportunity in both internal and external job postings: a. The hourly or salary compensation or the hourly or salary compensation range. The breadth of the hourly or salary compensation range provided is 1 factor relevant to the analysis of whether an employer has complied in good faith with this section. b. A general description of the benefits and other compensation applicable to the job opportunity. (2) a. A notification for a job opportunity that is paid on a commission basis, whether in whole or in part, must disclose that fact and is not required to disclose the compensation or compensation range. b. A notification for a job opportunity that is paid on a tipped basis must disclose that fact and provide the base wage or range of base wages for the job opportunity. c. A notification for a job opportunity that is covered by a collective bargaining agreement must disclose the compensation or compensation range that has been approved for disclosure under this section in the collective bargaining agreement. (d) An employer shall make, keep, and preserve records of job descriptions and salary or wage rate history for each employee for a period of not less than 3 years and shall make such record available to the Department of Labor upon request. (e) (1) a. The Department of Labor (Department) shall administer and enforce this section. The Department may investigate suspected violations of this section and adjudicate alleged violations through administrative proceedings. The Department shall adopt regulations to establish the administrative procedures. The regulations shall require the Secretary of Labor (Secretary) to issue a final order, in writing, whenever the Secretary imposes a penalty and to provide prompt notice of the order. b. A party aggrieved by a final order from the Secretary may appeal the order to the Superior Court within 30 days from the date notice was sent. The appeal shall be on the record without a trial de novo. If the Superior Court determines that the record is insufficient for its review, it shall remand the case to the Department for further proceedings on the record. When factual determinations are at issue, the Superior Court shall take due account of the Department’s experience and specialized competence and of the purposes of the basic law under which the Department has acted. In the absence of actual fraud, the Superior Court’s review shall be limited to a determination of whether the Department’s decision was supported by substantial evidence on the record before it. c. After an appeal to the Superior Court or the time for appeal has expired, if penalties are unpaid, the Department may file an action in the Superior Court for execution upon the Secretary’s final order as if the order was a judgment of the Court. (2) An employer who violates or fails to comply in good faith with any requirement of this section or any regulation published thereunder is in violation of this section. For a first offense, an employer shall receive a written warning. For any second or subsequent offense, an employer is subject to a civil penalty of not less than $500 nor more than $10,000 for each such violation. An employer’s failure to comply with this section for 1 job opportunity is 1 violation regardless of the number of times it is posted. (3) An employer who discharges or in any manner discriminates against an individual because that individual has made a complaint or has given information to the Department pursuant to this section, or because the individual has caused to be instituted or is about to cause to be instituted any proceedings under this section, or has testified or is about to testify in any such proceedings is subject to a civil penalty of not less than $500 nor more than $10,000 for each such discharge or act of discrimination. (f) Nothing in this section requires an employer to identify a selected candidate for a job opportunity in any manner that violates the candidate’s privacy rights under applicable local, state, or federal law or in a manner that would place at risk the selected candidate’s health or safety. (g) (1) A third party who posts or reposts a notification regarding a job opportunity is not subject to liability or enforcement under this section. (2) An employer is not liable for job postings that are digitally replicated and published without the employer’s consent. (h) (1) This section does not apply to an employer with 25 or fewer employees. (2) For an employer with 26 or more employees, this section applies to jobs located in Delaware and noninternational remote positions offered by an employer based in Delaware. (i) This section applies to the posting of job opportunities covered by a collective bargaining agreement only after the collective bargaining agreement is executed, amended, modified, renewed, or replaced after September 26, 2027. 85 Del. Laws, c. 228, § 1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 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 action in Superior Court by exhausting the administrative remedies pursuant to the provisions of § 714 of this title. (3) “Conciliation” means a process which requires the appearance of the parties after a full investigation resulting in a final determination of reasonable cause. (4) “Delaware Right to Sue Notice” means a final acknowledgement of the charging party’s exhaustion of the administrative remedies provided herein and written notification to the charging party of a corresponding right to commence a lawsuit in Superior Court. (5) “Domestic violence” means any act that would constitute a violation of § 1041 of Title 10, and for which an employer may request verification by an official document, such as a court order or family medical leave record, from a domestic violence service provider, medical provider, mental health provider, or law enforcement. (6) “Employee” means an individual employed by an employer, but does not include: a. Any individual employed in agriculture or in the domestic service of any person, b. Any individual who, as a part of that individual’s employment, resides in the personal residence of the employer, c. Any individual employed by said individual’s parents, spouse or child, or d. Any individual elected to public office in the State or political subdivision by the qualified voters thereof, or any person chosen by such officer to be on such officer’s personal staff, or an appointee on the policy making level or an immediate advisor with respect to the exercise of the constitutional or legal powers of the office. The exemption set forth in the preceding sentence shall not include employees subject to the merit service rules or civil service rules of the state government or political subdivision. (7) “Employer” means any person employing 4 or more employees within the State at the time of the alleged violation, including the State or any political subdivision or board, department, commission or school district thereof. The term “employer” with respect to discriminatory practices based upon sexual orientation or gender identity does not include religious corporations, associations or societies whether supported, in whole or in part, by government appropriations, except where the duties of the employment or employment opportunity pertain solely to activities of the organization that generate unrelated business taxable income subject to taxation under § 511(a) of the Internal Revenue Code of 1986 [26 U.S.C. § 511(a)]. (8) “Employment agency” means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person. (9) “Family responsibilities” means the obligations of an employee to care for any family member who would qualify as a covered family member under the Family and Medical Leave Act [29 U.S.C. § 2601 et seq.]. (10) “Gender identity” means a gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth. (11) “Genetic information” means the results of a genetic test as defined in § 2317(a)(3) of Title 18. (12) “Housing status” means as defined in § 204 of Title 19. (13) “Job related and consistent with business necessity” means the condition in question renders the individual unable to perform the essential functions of the position that such individual holds or desires. This includes situations in which the individual poses a direct threat to the health or safety of the individual or others in the workplace. (14) “Labor organization” includes any organization of any kind, any agency or employee representation committee, group, association or plan so engaged in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours or other terms or conditions of employment, any conference, general committee, joint or system board or joint council so engaged which is subordinate to a national or international labor organization. (15) “Mediation” means an expedited process for settling employment disputes with the assistance of an impartial third party prior to a full investigation. (16) “Military status” means status as any of the following: a. A member of the uniformed forces, as defined in 10 U.S.C. § 101, or a reserve component thereof listed under 10 U.S.C. § 10101. b. A “veteran” as defined in 38 U.S.C. § 101. c. A “dependent” of a servicemember as defined in 50 U.S.C. § 3911. (17) “No cause determination” means that the Department has completed its investigation and found that there is no reasonable cause to believe that an unlawful employment practice has occurred or is occurring. A no cause determination is a final determination ending the administrative process and provides the charging party with a corresponding Delaware Right to Sue Notice. (18) “Person” includes 1 or more individuals, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy or receivers. (19) “Pregnancy” means pregnancy, childbirth, or a related condition, including, but not limited to, lactation. (20) “Protective hairstyle” includes braids, locks, and twists. (21) “Public employer” means the State of Delaware, its agencies, or political subdivisions. (22) “Race” includes traits historically associated with race, including hair texture and a protective hairstyle. (23) “Reasonable accommodation” has the meaning given this term in § 722 of this title, except that all references to disability shall instead be references to known limitations of a person related to pregnancy, childbirth, or a related condition. Accommodations available under this subchapter may include, but are not limited to, acquisition of equipment for sitting, more frequent or longer breaks, periodic rest, assistance with manual labor, job restructuring, light duty assignments, modified work schedules, temporary transfers to less strenuous or hazardous work, time off to recover from childbirth, or break time and appropriate facilities for expressing breast milk. (24) “Reasonable cause determination” means that the Department has completed its investigation and found reasonable cause to believe that an unlawful employment practice has occurred or is occurring. A reasonable cause determination requires the parties’ good faith efforts in conciliation. (25) “Religion” includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that the employer is unable to reasonably accommodate an employee’s or prospective employee’s religious observance or practice without undue hardship on the conduct of the employer’s business. (26) “Reproductive health decision” means any decision related to the use or intended use of a particular drug, device, or medical service, including the use or intended use of contraception or fertility control or the planned or intended initiation or termination of a pregnancy. (27) “Respondent” means any person named in the Charge of Discrimination, including but not limited to employers, employment agencies, labor organizations, joint labor-management committees, controlling apprenticeship or other training programs including on-the-job training programs. (28) “Secretary” means the Secretary of the Department of Labor or the Secretary’s designee. (29) “Sexual offense” means any act that would constitute a violation of § 761 of Title 11, and for which an employer may request verification by an official document, such as a court order or family medical leave record, from a sexual violence service provider, medical provider, mental health provider, or law enforcement. (30) “Sexual orientation” includes heterosexuality, homosexuality, bisexuality, asexuality, or pansexuality. (31) “Stalking” means any act that would constitute a violation of § 1312 of Title 11, and for which an employer may request verification by an official document, such as a court order or family medical leave record, from a crime victim service provider, medical provider, mental health provider, or law enforcement. (32) “Undue hardship” means an action requiring significant difficulty or expense when considered in light of factors such as: the nature and cost of the accommodation; the overall financial resources of the employer; the overall size of the business of the employer with respect to the number of employees, and the number, type and location of its facilities; and the effect on expenses and resources or the impact otherwise of such accommodation upon the operation of the employer. 19 Del. C. 1953, §  710; 58 Del. Laws, c. 285 ; 62 Del. Laws, c. 97, §  1 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 457, §  2 ; 74 Del. Laws, c. 356 ; 77 Del. Laws, c. 90, §§  15, 16 ; 79 Del. Laws, c. 47, §§  17, 18 ; 79 Del. Laws, c. 227, §  1 ; 79 Del. Laws, c. 429, §  1 ; 80 Del. Laws, c. 57, §  1 ; 80 Del. Laws, c. 291, § 1 ; 80 Del. Laws, c. 292, § 1 ; 83 Del. Laws, c. 13, § 14 ; 83 Del. Laws, c. 195, § 5 ; 84 Del. Laws, c. 119, § 1 ; 84 Del. Laws, c. 429, § 2 ; 84 Del. Laws, c. 514, § 42 ; 84 Del. Laws, c. 530, § 5 ; 85 Del. Laws, c. 104, § 5 ; § 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 national standards or requirements. (2) “Licensing body or organization” means an agency, board, association, or other entity that authorizes individuals to practice a profession in the State and issues a license, certificate, permit, or other authorization to the individual which is required to legally conduct business in the State. (3) “Regulatory body or organization” means a government agency or entity established by legislation to enforce that legislation and to set and enforce standards implementing the legislation. (b) It is an unlawful employment practice for an employer to do any of the following: (1) Fail or refuse to hire or to discharge any individual or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment because of such individual’s race, marital status, genetic information, color, age, religion, sex (including pregnancy), sexual orientation, gender identity, national origin, military status, or housing status. (2) Limit, segregate or classify employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect the individual’s status as an employee because of such individual’s race, marital status, genetic information, color, age, religion, sex (including pregnancy), sexual orientation, gender identity, national origin, military status, or housing status. (3) a. For any employment-related purpose, fail or refuse to treat an employee or applicant for employment that the employer knows or should know is affected by pregnancy as well as the employer treats or would treat any other employee or applicant not so affected but similar in the ability or inability to work, without regard to the source of any condition affecting the other employee’s or applicant’s ability or inability to work; b. Fail or refuse to make reasonable accommodations to the known limitations related to the pregnancy of an applicant for employment or employee, unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such employer; c. Deny employment opportunities to a job applicant or employee, if such denial is based on the need of the employer to make reasonable accommodations to the known limitations related to the pregnancy of an employee or applicant for employment; d. Require an applicant for employment or employee affected by pregnancy to accept an accommodation that such applicant or employee chooses not to accept, if such applicant or employee does not have a known limitation related to pregnancy or if such accommodation is unnecessary for the applicant or employee to perform the essential duties of her job; e. Require an employee to take leave under any leave law or policy of the employer if another reasonable accommodation can be provided to the known limitations related to the pregnancy of the employee; or f. Take adverse action against an employee in the terms, conditions, or privileges of employment for requesting or using a reasonable accommodation to the known limitations related to the pregnancy of the employee. (c) It is an unlawful employment practice for an employment agency to fail or refuse to refer for employment or otherwise to discriminate against any individual because of race, marital status, genetic information, color, age, religion, sex (including pregnancy), sexual orientation, gender identity, national origin, military status, or housing status or to classify or refer for employment any individual on the basis of race, marital status, genetic information, color, religion, age, sex (including pregnancy), sexual orientation, gender identity, national origin, military status, or housing status. (d) It is an unlawful employment practice for a labor organization to do any of the following: (1) Exclude or expel from its membership or otherwise to discriminate against any individual because of race, marital status, genetic information, color, age, religion, sex (including pregnancy), sexual orientation, gender identity, national origin, military status, or housing status. (2) Limit, segregate, or classify its membership, or to classify or fail or refuse to refer for employment any individual in any way which would deprive or tend to deprive any individual of employment opportunities or would limit such employment opportunities or otherwise adversely affect the individual’s status as an employee or as an applicant for employment because of such individual’s race, marital status, genetic information, color, age, religion, sex (including pregnancy), sexual orientation, gender identity, national origin, military status, or housing status. (3) Cause or attempt to cause an employer to discriminate against an individual in violation of this section. (e) It is an unlawful employment practice for any employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any individual because of race, marital status, genetic information, color, age, religion, sex (including pregnancy), sexual orientation, gender identity, national origin, military status, or housing status in admission to or employment in any program established to provide apprenticeship or other training. (f) It shall be an unlawful employment practice for an employer, employment agency, labor union or joint labor-management committee controlling apprenticeship or other training or retraining, including on the job training programs to intentionally collect, directly or indirectly, any genetic information concerning any employee or applicant for employment, or any member of their family, unless: (1) It can be demonstrated that the information is job-related and consistent with business necessity; or (2) The information or access to the information is sought in connection with the retirement policy or system of any employer or the underwriting or administration of a bona fide employee welfare or benefit plan. (g) It is an unlawful employment practice for any employer, employment agency, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discharge, refuse to hire or otherwise discriminate against any individual or applicant for employment or membership on the basis of such person’s race, marital status, color, age, religion, sex (including pregnancy), sexual orientation, gender identity, national origin, military status, or housing status or because such person has opposed any practice prohibited by this subchapter or because such person has testified, assisted or participated in any manner in an investigation, proceeding, or hearing to enforce the provisions of this subchapter. (h) (1) It shall be an unlawful employment practice for any public employer to inquire into or consider the criminal record, criminal history, credit history, or credit score of an applicant for employment during the initial application process, up to and including the first interview. (2) If an applicant is otherwise qualified, a public employer may inquire into or consider an applicant’s criminal record, criminal history, credit history or credit score after the completion of the first interview. (3) A public employer may disqualify an applicant from employment based on criminal history where the exclusion is job related for the position in question and consistent with business necessity. The public employer shall consider the following factors in its hiring decision: a. The nature and gravity of the offense or conduct; b. The time that has passed since the offense or conduct and/or the completion of the sentence; and c. The nature of the job held or sought. (4) This subsection does not apply to any state, county or municipal police force, the Department of Correction, the Department of Justice, the Office of Defense Services, the courts, or any position where federal or state statute requires or expressly permits the consideration of an applicant’s criminal history. (i) It shall be an unlawful employment practice for an employer to do any of the following: (1) a. Fail or refuse to hire or to discharge any individual or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment because the individual was the victim of domestic violence, a sexual offense, or stalking. b. Fail or refuse to make reasonable accommodations to the limitations known to the employer and related to domestic violence, a sexual offense, or stalking, unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such employer. c. For purposes of paragraph (i)(1) of this section, “reasonable accommodations” means making reasonable changes in the workplace, including reasonable changes in the schedules or duties of the job in question that would accommodate the person who was the victim of domestic violence, a sexual offense, or stalking, enabling such person to satisfactorily perform the essential duties of the job in question. Reasonable accommodations include allowing the individual to use accrued leave to address the domestic abuse, sexual offense, or stalking. (2) Discharge or discipline an individual who is a victim of a crime or a representative of a victim because the individual participated in the preparation for or attended proceedings under § 9409(a) of Title 11. (j) It shall be an unlawful employment practice for an employer to: (1) Require as a condition of employment that an employee refrain from inquiring about, discussing, or disclosing that employee's wages or the wages of another employee. (2) Require an employee to sign a waiver or other document which purports to deny an employee the right to disclose or discuss that employee's wages. (3) Discharge, formally discipline, or otherwise discriminate against an employee for inquiring about, discussing, or disclosing that employee's wages or the wages of another employee. (4) Nothing in this section creates an obligation for an employer or employee to disclose wages. (k) It shall be an unlawful employment practice for an employer to fail or refuse to hire or to discharge any individual or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment because of a reproductive health decision by the individual. ( l ) (1) It shall be an unlawful employment practice for an employer to: a. Fail or refuse to hire or to discharge any individual or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment because of the individual’s family responsibilities, except with respect to the employer’s attendance and absenteeism standards that are not protected by other applicable law and inasmuch as the employee’s performance at work meets satisfactory standards. b. Limit, segregate or classify employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect the individual’s status as an employee because of such individual’s family responsibilities, except with respect to the employer’s attendance and absenteeism standards that are not protected by other applicable law and inasmuch as the employee’s performance at work meets satisfactory standards. (2) This subsection does not create any obligation for an employer to make special accommodations for an employee with family responsibilities, so long as all policies related to leave, scheduling, absenteeism, work performance, and benefits are applied in a nondiscriminatory manner. (m) It shall be an unlawful employment practice for an employer to request or require a prospective employee’s age, date of birth, dates of attendance at or date of graduation from an educational institution on an initial employment application, provided that the provisions of this subsection shall not apply to any employer requesting or requiring such information: (1) Based on a bona fide occupational qualification or need; or (2) When such information is required to comply with any provision of state or federal law, or the requirements of any regulatory, licensing, or certifying body or organization. For age to constitute “a bona fide occupational qualification or need” under this section, an employer must establish that age is an essential component of one’s ability to successfully perform a particular job and is necessary to the normal operation of the business. (n) Notwithstanding any other provision of this subchapter: (1) It is not an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify or refer for employment any individual, for a labor organization to classify its membership or to classify or refer for employment any individual or for an employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program on the basis of religion, genetic information, age, sex (including pregnancy), sexual orientation, gender identity, military status, or national origin in those certain instances where religion, genetic information, age, sex (including pregnancy), sexual orientation, gender identity, national origin, military status, or housing status is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise. (2) It shall not be an unlawful employment practice for a school, college, university or other educational institution or institution of learning to hire and employ employees of a particular religion if such school, college, university or other educational institution or institution of learning is, in whole or in substantial part, owned, supported, controlled or managed by a particular religion or by a particular religious corporation, association or society or if the curriculum of such school, college, university or other educational institution or institution of learning is directed toward the propagation of a particular religion. (o) Notwithstanding any other provision of this subchapter, it is not an unlawful employment practice for an employer to apply different standards of compensation or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system or a system which measures earnings by quantity or quality of production or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of race, marital status, genetic information, color, age, religion, sex (including pregnancy), sexual orientation, gender identity, military status, or national origin, nor shall it be an unlawful employment practice for an employer to give and to act upon the results of any professionally developed ability test provided that such test, its administration, or action upon the results is not designed, intended, or used to discriminate because of race, marital status, genetic information, color, religion, age, sex (including pregnancy), sexual orientation, gender identity, military status, or national origin. (p) Nothing contained in this subchapter as it applies to discrimination because of age or sex shall be interpreted to affect or interfere with the retirement policy or system of any employer or the underwriting or administration of a bona fide employee welfare or benefit plan, provided that such policy, system or plan is not merely a subterfuge to evade the purpose of this subchapter. (q) (1) Nothing in this subchapter shall be construed to prohibit compulsory retirement of any employee who has attained 65 years of age, and who, for the 2-year period immediately before retirement, is employed in a bona fide executive or a high policy-making position, if such employee is entitled to an immediate nonforfeitable annual retirement benefit from a pension, profit sharing, savings or deferred compensation plan, or any combination of such plans, of the employer of such an employee, which equals, in the aggregate, at least $44,000. (2) In applying the retirement benefit test of paragraph (q)(1) of this section, if any such retirement benefit is in a form other than a straight life annuity (with no ancillary benefits), or if employees contribute to any such plan or make rollover contributions, such benefit shall be adjusted in accordance with regulations prescribed by the Secretary, United States Department of Labor, pursuant to 29 U.S.C. § 631(c)(2), so that the benefit is the equivalent of a straight life annuity (with no ancillary benefits) under a plan to which employees do not contribute and under which no rollover contributions are made. (r) Nothing in this subchapter shall be interpreted to require employers to offer health, welfare, pension or other benefits to persons associated with employees on the basis as such benefits are afforded to the spouses of married employees. (s) Nothing in this subchapter shall affect the ability of an employer to require employees to adhere to reasonable workplace appearance, grooming and dress standards not precluded by other provisions of state or federal law, except that an employer shall allow an employee to appear, groom and dress consistent with the employee’s gender identity. (t) Notwithstanding any other provision of this subchapter, it is not an unlawful employment practice to make a distinction or engage in differential treatment on the basis of military status that is allowed by Delaware law or regulation, federal law or regulation, or government contract. 19 Del. C. 1953, §  711; 58 Del. Laws, c. 285 ; 62 Del. Laws, c. 97, §  2 ; 64 Del. Laws, c. 333, §  1 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 457, §§  3, 4 ; 74 Del. Laws, c. 356 ; 77 Del. Laws, c. 90, §§  17-19 ; 79 Del. Laws, c. 47, §  19 ; 79 Del. Laws, c. 227, §  2 ; 79 Del. Laws, c. 429, §  1 ; 80 Del. Laws, c. 26, §  6 ; 80 Del. Laws, c. 57, §  2 ; 80 Del. Laws, c. 290, § 1 ; 80 Del. Laws, c. 291, § 2 ; 80 Del. Laws, c. 292, § 2 ; 83 Del. Laws, c. 421, § 1 ; 84 Del. Laws, c. 42, § 1 ; 84 Del. Laws, c. 429, § 3 ; 85 Del. Laws, c. 104, § 5 ; 85 Del. Laws, c. 142, § 12 ; § 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 will be held accountable for sexual harassment in the workplace. It is the expectation of the Delaware General Assembly that all employers in the State of Delaware will work to create a workplace where employees are safe and treated with dignity and respect. (b) Definitions . — As used in this section: (1) “Applicant” means as defined in