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Delaware law

Employment Laws in Delaware.

Delaware is an at-will employment state with protections that go beyond federal law. The Delaware Discrimination in Employment Act covers employers with 4 or more employees and protects additional categories including sexual orientation and gender identity. The state minimum wage is $15.00/hour as of January 2025. Delaware's Healthy Delaware Families Act provides paid family and medical leave benefits starting January 2026.

Last verified: 2026-02-25

State law

Statute of Limitations

2 years (discrimination charge); varies for other claimsDel. Code Ann. tit. 19, § 712

Charges under the Delaware Discrimination in Employment Act must be filed within 2 years. Federal EEOC charges must be filed within 300 days. Wage claims and other statutory claims have varying deadlines.

State law

Key Delaware Statutes

Delaware Discrimination in Employment ActDel. Code Ann. tit. 19, § 711

Prohibits employment discrimination based on race, color, religion, sex (including pregnancy), sexual orientation, gender identity, national origin, age, marital status, genetic information, family responsibilities, reproductive health decisions, and military status. Applies to employers with 4+ employees (disability protections apply at 15+ employees).

Delaware's minimum wage is $15.00 per hour as of January 1, 2025. Tipped employees must receive at least $2.23 per hour in direct wages, with tips making up the difference to the full minimum wage.

Paid Family and Medical Leave (Healthy Delaware Families Act)Del. Code Ann. tit. 19, ch. 37

Effective January 1, 2026, eligible employees (1+ year of employment, 1,250+ hours) can receive up to 12 weeks of paid leave per year for childbirth, serious illness, caregiving, or military deployment. Benefits are up to 80% of wages, capped at $900/week. Applies to employers with 10+ employees.

Sexual Harassment Training RequirementDel. Code Ann. tit. 19, § 711A

Employers with 50 or more employees must provide interactive sexual harassment prevention training to all employees every 2 years. Supervisory employees must receive additional training.

Whistleblower ProtectionDel. Code Ann. tit. 19, § 1703

Employers may not discharge, threaten, or discriminate against an employee because the employee reported or is about to report a violation of law to a public body.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Delaware.

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