Employment Laws in Delaware

Definition of employee. Employee means an individual employed by an employer, but does not include: (1) any individual employed in agriculture or in the domestic service of any person; (2) any individual who, as part of his or her employment, resides in the personal residence of the employer; and (3) any individual employed by his or her parents, spouse or child.

Definition of employer. Employer includes the state or any political subdivision or board, department, commission or school district of the state and any person employing four or more persons within the state, but generally does not include religious, fraternal, charitable or sectarian corporations or associations, except such corporations or associations supported, in whole or in part, by governmental appropriations. With respect to discrimination based on race, color, age or national origin, employer includes religious, fraternal, charitable and sectarian corporations and associations employing four or more persons within the state.

For purposes of the law prohibiting discrimination based on disability, employer includes the state or any political subdivision or board, department, commission or school district of the state and any person employing 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.

For purposes of the electronic monitoring provisions, employer includes any individual, corporation, partnership, firm, association, and the state or any of its agencies or subdivisions.

Prohibited employment discrimination. Employers may not discriminate against employees or job applicants on the basis of race, marital status, color, age (includes only persons between the ages of 40 and 70), religion, sex, genetic information, or national origin. Discrimination in training and retraining programs is also prohibited.

Disability. Employment discrimination based on an individual's disability is also prohibited.

Recordkeeping requirements. Employers are required to make and maintain records relevant to whether unlawful employment practices have been or are being committed. Employers must preserve and make reports from those records as required by the Department of Labor.

Posting requirements. Every employer must post and keep posted in conspicuous places on its premises, where notices to employees and job applicants are customarily posted, a notice prepared or approved by the Department of Labor outlining the antidiscrimination in employment law and information pertinent to the filing of a complaint. Failure to comply with these posting requirements is punishable by a fine.

Electronic Monitoring. Employers many not monitor or otherwise intercept any telephone conversation or transmission, e-mail or transmission, or internet access or usage of or by an employee unless the employer either provides an electronic notice of the monitoring or intercepting policies or activities to the employee at least once during each day the employee accesses employer-provided e-mail or Internet access services, or has first given a one-time notice to the employee of its monitoring or intercepting activity or policies. The notice must be in writing, in an electronic record or in another electronic form and acknowledged by the employee either in writing or electronically. This provision does not apply to activities of any law enforcement officer acting under a court order.