Once you formally file an Anti-Discrimination charge with OAD, it will take approximately six (6) to nine (9) months to resolve. If you are unable to prove your claim of discrimination, you will be issued a Right to Sue Notice, which will permit you to file in court within 90 days.

The employer is notified that the charge has been filed. From this point there are a number of ways a charge may be handled:

• The charge may be selected for OAD’s mediation program if both the charging party and the employer express an interest in this option. Mediation is offered as an alternative to a lengthy investigation. Participation in the mediation program is confidential, voluntary, and requires consent from both charging party and employer. If mediation is unsuccessful, the charge is returned for investigation.

• OAD can seek to settle a charge at any stage of the investigation if the charging party and the employer express an interest in doing so. If settlement efforts are not successful, the investigation continues.

• In investigating a charge, OAD may make written requests for information, interview people, review documents, and, as needed, visit the facility where the alleged discrimination occurred. When the investigation is complete, OAD will discuss the evidence with the charging party or employer, as appropriate.

• A charge may be dismissed at any point once the preliminary determination has been issued in the agency’s best judgment, further investigation will not establish a violation of the law. When a charge is dismissed, a notice is issued in accordance with the law which gives the charging party 90 days in which to file a lawsuit on his or her own behalf.

• If the evidence obtained in an investigation does not establish that discrimination occurred, this will be explained to the charging party. A required notice is then issued, closing the case and giving the charging party 90 days in which to file a lawsuit on his or her own behalf.

• If the evidence establishes that discrimination has occurred, the employer and the charging party will be informed of this in a letter of determination that explains the finding. OAD will then attempt conciliation with the employer to develop a remedy for the discrimination.

• If the case is successfully conciliated, or if a case has earlier been successfully mediated or settled through no-fault settlement, neither DOL nor the charging party may go to court unless the conciliation, mediation, or settlement agreement is not honored.

• If OAD is unable to successfully conciliate the case, it will issue a notice closing the case and giving the charging party 90 days in which to file a lawsuit on his or her own behalf.

A charging party may file a lawsuit within 90 days after receiving a notice of a “right to sue” from OAD, as stated above. Under the Discrimination in Employment Act and the Handicapped Persons Employment Protections Act, a charging party also can request a notice of “right to sue” from the OAD after the charge is first filed with the Agency, and may then bring suit within 90 days after receiving this notice.

The “relief” or remedies available for employment discrimination, whether caused by intentional acts or by practices that have a discriminatory effect, may include:

• back pay,

• hiring,

• promotion,

• reinstatement,

• front pay,

• reasonable accommodation, or

• other actions that will make an individual “whole” (in the condition s/he would have been but for the discrimination).

Remedies also may include payment of:

• attorneys’ fees,

• expert witness fees, and

• court costs.

Damages may be available to compensate for actual monetary losses, for future monetary losses, and for mental anguish and inconvenience.

In cases concerning reasonable accommodation under the HPEPA, compensatory or punitive damages may not be awarded to the charging party if an employer can demonstrate that “good faith” efforts were made to provide reasonable accommodation.

An employer may be required to post notices to all employees addressing the violations of a specific charge and advising them of their rights under the laws the DOL enforces and their right to be free from retaliation. Such notices must be accessible, as needed, to persons with visual or other disabilities that affect reading.

The employer also may be required to take corrective or preventive actions to cure the source of the identified discrimination and minimize the chance of its recurrence, as well as discontinue the specific discriminatory practices involved in the case.

Any individual who believes that his or her employment rights have been violated under the Delaware Discrimination in Employment Act or the Handicapped Persons Employment Protections Act may file a charge of discrimination with Delaware Department of Labor’s Office of Anti-Discrimination.

All laws enforced by OAD require filing a charge with the department before a private lawsuit may be filed in court. There are strict time limits within which charges must be filed:

• A charge must be filed with the OAD within 300 days from the date of the alleged violation to protect the charging party’s rights to file an action in State court.

• The filing deadline of 300 days is under federal law.

• To protect legal rights, it is always best to contact OAD promptly when discrimination is suspected.

Through the use of “work sharing agreements,” the Equal Employment Opportunity Commission (EEOC) and the Delaware Department of Labor avoid duplication of effort while at the same time ensuring that a charging party’s rights are protected under both federal and state law.

• If a charge is filed with the Department of Labor and is also covered by federal law, the department “dual files” the charge with the Equal Employment Opportunity Commission to protect federal rights. The charge usually will be retained by the Department for handling.

• If a charge is filed with the Equal Employment Opportunity Commission and also is covered by state or local law, the Commission “dual files” the charge with the state or local Fair Employment Practice Agency (FEPA), but ordinarily retains the charge for handling.

An OAD representative will contact the employee and employer concerning their participation in the program. If both parties agree, a mediation session conducted by a trained and experienced mediator is scheduled. While it is not necessary to have an attorney in order to participate in OAD’s Mediation Program, either party may choose to do so. It is important that persons attending the mediation session have the authority to resolve the dispute. If mediation is unsuccessful, the charge is investigated like any other charge.

It’s Free

Mediation is available at no cost to the parties.

It’s Fair and Neutral

Parties have an equal say in the process and decide settlement terms, not the mediator. There is no determination of guilt or innocence in the process.

It Saves Time and Money

Mediation usually occurs early in the charge process, and many mediations are completed in one meeting. Legal or other representation is optional but not required.

It’s Confidential

All parties sign a confidentiality agreement. Information disclosed during mediation will not be revealed to anyone, including other OAD investigative staff.

It Avoids Litigation

Lengthy litigation CAN be avoided. Mediation costs less than a lawsuit and avoids the uncertainty of judicial outcome.

It Fosters Cooperation

Mediation fosters a problem solving approach to complaints and workplace disruptions are reduced. With investigation, even if the charge is dismissed by OAD, the underlying problems may remain, affecting others in the workforce and human resources staff.

It Improves Communication

Mediation provides a neutral and confidential setting where both parties can openly discuss their views on the underlying dispute. Enhanced communication can lead to mutually satisfactory resolutions.