NOTE:
Federal employees or applicants for Federal employment should contact the Equal Employment Opportunity Commission (EEOC) for information on procedures to make a complaint of discrimination

Who Can File a Charge of Discrimination?

• 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.

How is a Charge of Discrimination filed?

• A charge may be filed in person at the Department of Labor office in Dover or Wilmington.
• You may start the process by downloading and completing Discrimination Intake Form. Submit the completed questionnaire to our offices. We will contact you to set up an appointment to finalize the filing process.
• Individuals who need an accommodation in order to file a charge (e.g., sign language interpreter, print materials in an accessible format) should inform the Department of Labor office in advance so appropriate arrangements can be made.

What Information Must Be Provided to File a Charge?

• The complaining party’s name, address, and telephone number;
• The name, address, and telephone number of the respondent employer, employment agency, or union that is alleged to have discriminated, and number of employees (or union members), if known;
• A short description of the alleged violation (the event that caused the complaining party to believe that his or her rights were violated); and
• The date(s) of the alleged violation(s).
• The Discrimination Intake Form will help you gather the information we will need for your specific situation.

What Are the Time Limits for Filing a Charge of Discrimination?

All laws enforced by Department of Labor 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 Department of Labor within 300 days from the date of the alleged violation, in order to protect the charging party’s rights to file an action in state court.
• The filing deadline is to 300 days under federal law.
• To protect legal rights, it is always best to contact Department of Labor promptly when discrimination is suspected.

What Agency Handles a Charge that is also Covered by Federal Law?

Through the use of “work sharing agreements,” the Equal Employment Opportunity Commission (EEOC) and the 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.

You May Also Be Interested In

• How to File a Charge of Employment Discrimination
• DDOL's Charge Processing Procedures
• Mediation at DDOL
• DDOL Investigations - What an Employer Should Know

Related Topics:  Age Discrimination, Anti-Discrimination, Delaware Discrimination in Employment Act (DDEA), Disability Discrimination, Equal Employment Opportunity Commission (EEOC), Gender Based Discrimination, Handicapped Persons Employment Protection Act (HPEPA), Industrial Affairs, National Origin Discrimination, Pregnancy Discrimination, Racial Discrimination, Religious Discrimination, Sexual Harassment, Sexual Orientation Based Discrimination