Title VII of the Civil Rights Act prohibits employers with 15 or more employees from discriminating against employees due to an employee’s race, sex, national origin, or religion. Discrimination can take many forms, and generally includes termination, demotion, a loss of pay, transfer, or any other punishment that amounts to a legitimate adverse employment action.
The Delaware Discrimination Act provides even more protection for Delaware employees. Delaware employers with 4 or more employees are prohibited from discrimination against employees for reasons of race, marital status, genetic information, color, age, religion, sex (including pregnancy), sexual orientation, gender identity, or national origin.
Title VII and the the Delaware Discrimination Act not only prohibit discriminatory acts, they also prohibit retaliation for complaining about the discriminatory acts. These “complaints” are protected under Federal and Delaware law. They can be informal complaints (orally telling a supervisor) or formal complaints (filing a charge of discrimination with the Equal Employment Opportunity Commission or the Delaware Department of Labor). An employer cannot punish an employee for making such a complaint.
Prosecuting a Title VII or Delaware Discrimination Act Claim is a complex endeavor that requires a winning strategy at the outset. An employment lawyer should be consulted before filing a charge of discrimination with the Equal Employment Opportunity Commission or the Delaware Department of Labor. Filing such a charge is a prerequisite to bringing a lawsuit in Court, and stringent deadlines apply.
If you have been the victim of discrimination or retaliation, contact a knowledgeable employment attorney: