Del. Code tit. 19 § 710

Current through 2024 Legislative Session Act Chapter 254

Section 710 - Definitions

For the purposes of this subchapter:

(1) "Age" as used in this subchapter 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" for the purposes of this chapter refers to 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" for the purposes of this chapter refers to 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 from a domestic violence service provider, medical provider, mental health provider, law enforcement, court order, or family medical leave.

(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.

(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.

(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" for the purpose of this chapter means the results of a genetic test as defined in § 2317(a)(3) of Title 18.

(12) "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.

(13) "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.

(14) "Mediation" for the purposes of this chapter refers to an expedited process for settling employment disputes with the assistance of an impartial third party prior to a full investigation.

(15) "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.

(16) "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.

(17)"Pregnancy" means pregnancy, childbirth, or a related condition, including, but not limited to, lactation.

(18) "Protective hairstyle" includes braids, locks, and twists.

(19) "Public employer means the State of Delaware, its agencies, or political subdivisions.

(20) "Race" includes traits historically associated with race, including hair texture and a protective hairstyle.

(21)"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.

(22) "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.

(23) "Religion" as used in this subchapter 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.

(24) "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.

(25) "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.

(26) "Secretary" means the Secretary of the Department of Labor or the Secretary's designee.

(27) "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 from a sexual violence service provider, medical provider, mental health provider, law enforcement, court order, or family medical leave.

(28) "Sexual orientation" includes heterosexuality, homosexuality, or bisexuality.

(29) "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 from a crime victim service provider, medical provider, mental health provider, law enforcement, court order, or family medical leave.

(30)"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. § 710

Amended by Laws 2023, ch. 119,s 1, eff. 7/25/2023.

Amended by Laws 2021, ch. 195,s 5, eff. 9/17/2021.

Amended by Laws 2021, ch. 13,s 14, eff. 4/13/2021.

Amended by Laws 2015, ch. 292,s 1, eff. 12/30/2016.

Amended by Laws 2015, ch. 291,s 1, eff. 12/30/2016.

Amended by Laws 2015, ch. 57,s 1, eff. 12/30/2015.

Amended by Laws 2013, ch. 429,s 1, eff. 9/9/2014.

Amended by Laws 2013, ch. 227,s 1, eff. 11/4/2014.

Amended by Laws 2013, ch. 47,ss.s17, s18 eff. 6/19/2013.

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.;