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Delaware Department of Labor



File a Charge




Filing an Anti-Discrimination charge is a two-step process.

Step 1:

Complete the Intake Form in its entirety and return it to the Office of Anti-Discrimination (OAD) via email at DOL_Antidiscrimination@delaware.gov or you may drop it off/mail it to one of the locations listed below. It is recommended that you retain a copy for your records.

New Castle County

Department of Labor
Office of Anti-Discrimination
4425 N. Market Street, 3rd Floor
Wilmington, DE 19802
(302) 761-8200

Kent/Sussex Counties

Department of Labor
Office of Anti-Discrimination
Blue Hen Corporate Center
655 S. Bay Road, Suite 2H
Dover, DE 19901
(302) 422-1134

Step 2:

Once we review the completed form, we will contact you to schedule an appointment to complete the process. You must complete an intake interview (usually via telephone), provide a copy of a valid ID, and sign the Formal Charge in front of a Notary.

Congratulations!!! You have now completed the Charge Filing process.    

Overhead view of someone handing a piece of paper over a desk to another person.

Next Steps

The Employer will be notified as they have the right to dispute your Anti-Discrimination claim.

You should receive a copy of this rebuttal which is known as a “Position Statement.”  You may respond to this Position Statement directly to OAD. We will review all materials and make a preliminary decision. If you have failed to raise an inference of discrimination, you will have a final opportunity to provide additional information that is relevant and supports your Anti-Discrimination claim. As a reminder, OAD is a neutral third party.

Some common questions about the next steps of filing a charge are listed here. Click on each question to read the answer.

Mediation

Mediation is a form of Alternative Dispute Resolution (ADR) that is offered by the Delaware Department of Labor’s Office of Anti-Discrimination (OAD) as an alternative to the traditional investigative or litigation process. Mediation is a fair and efficient process to help you resolve your employment disputes and reach an agreement. A neutral mediator assists you in reaching a voluntary, negotiated agreement. Mediation is an informal process in which a neutral third party assists the opposing parties to reach a voluntary, negotiated resolution of a charge of discrimination. The decision to mediate is completely voluntary for the charging party and the employer. Mediation allows both parties to discuss the issues raised in the charge, clear up misunderstandings, determine the underlying interests or concerns, find areas of agreement, and, ultimately, incorporate those areas of agreement into resolutions. A mediator does not resolve the charge or impose a decision on the parties. Instead, the mediator helps the parties to agree on a mutually acceptable resolution. The mediation process is strictly confidential. Information disclosed during mediation will not be revealed to anyone, including other OAD employees. Choosing mediation to resolve employment discrimination disputes promotes a better work environment, reduces costs, and works for both the employer and the employee.

Right to Sue

If you can establish that the respondent violated your Civil Rights by the preponderance of the evidence, you and the employer will be afforded the opportunity to resolve this matter through conciliation. If the conciliation fails, you will be issued a Right to Sue Notice which will permit you to file in court. The Employee has the “Burden of Proof”.

Frequently Asked Questions

For more detailed information about Mediation, visit our Mediation Questions & Answers page.

A few satisfied customers…

“Once the employer gets past the myth of “If we didn’t do anything wrong, we shouldn’t go to mediation” and decides to participate, the real issues in the dispute become clear. Through mediation, we have had the opportunity to proactively resolve issues and avoid potential charges in the future. We have seen the number of charges filed with DDOL against us actually decline. We believe that our participating in mediation and listening to employees’ concerns has contributed to that decline.”

“As an employer’s attorney, I routinely recommend mediation to my clients. In mediation, you can build a sense of what the issues are, learn the problems, explore possible options for resolution, and make informed decisions whether or not resolving at that time or moving on is the best outcome for that matter. It makes both business and economic sense from the employer’s perspective.”

“Regardless of the issue or whether it has merit under Title VII, if it is draining resources, weighing on the mind of the employee, or having a negative impact on productivity, then getting the issue out on the table, mediating it and resolving it is often the smartest and most expeditious way to ensure workforce effectiveness.”

“Our company is striving to be an employer of choice. We think that participating in DDOL’s mediation program moves us that much closer to meeting that goal… We learned that settlement is not always about money. Sometimes there are non- economic ways to settle a case that may be important to the charging party and the respondent.”


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