Delaware State Civil Rights Complaint

DELAWARE STATE CIVIL RIGHTS COMPLAINT

TABLE OF CONTENTS

1. Caption
2. Introduction and Nature of the Action
3. Parties
4. Jurisdiction and Venue
5. Administrative Exhaustion and Conditions Precedent
6. Factual Allegations
7. Count I — Discrimination Under 19 Del. C. § 711 (Delaware Discrimination in Employment Act)
8. Count II — Hostile Work Environment / Sexual Harassment Under 19 Del. C. § 711A
9. Count III — Retaliation Under 19 Del. C. § 711(f)
10. Count IV — Public Accommodations Discrimination Under 6 Del. C. § 4504
11. Count V — Housing Discrimination Under 6 Del. C. § 4603 (Delaware Fair Housing Act)
12. Count VI — Title VII (42 U.S.C. § 2000e et seq.)
13. Count VII — 42 U.S.C. § 1981 / § 1983 (As Applicable)
14. Damages
15. Prayer for Relief
16. Demand for Trial by Jury
17. Reservation of Rights
18. Signature and Service Blocks
19. Verification
20. Certificate of Service
21. Delaware Practice Notes
22. Sources and References

1. CAPTION

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

IN AND FOR [NEW CASTLE / KENT / SUSSEX] COUNTY

C.A. No. [________________________________]

VERIFIED COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF

(JURY TRIAL DEMANDED)

Plaintiff [PLAINTIFF NAME], by and through undersigned counsel, brings this action against Defendants and alleges as follows:

2. INTRODUCTION AND NATURE OF THE ACTION

2.1. This is a civil rights action brought under the Delaware Discrimination in Employment Act, 19 Del. C. § 710 et seq. [and/or the Delaware Equal Accommodations Law, 6 Del. C. § 4500 et seq., and/or the Delaware Fair Housing Act, 6 Del. C. § 4600 et seq.], together with parallel federal claims, to redress unlawful [discrimination / harassment / retaliation] suffered by Plaintiff on the basis of [PROTECTED CHARACTERISTIC — race / color / age / religion / sex / pregnancy / sexual orientation / gender identity / national origin / marital status / genetic information / disability / military status].

2.2. Plaintiff seeks compensatory damages, equitable relief (including reinstatement and/or injunctive relief), back pay, front pay, prejudgment interest, attorneys' fees and costs under 19 Del. C. § 715 and 42 U.S.C. § 2000e-5(k), and such other relief as this Court deems just.

3. PARTIES

3.1. Plaintiff [PLAINTIFF NAME] is an adult individual residing at [ADDRESS], [CITY], [COUNTY] County, Delaware [ZIP]. At all relevant times, Plaintiff was [an employee of / a patron of / a tenant of / an applicant to] Defendant.

3.2. Plaintiff is a member of one or more protected classes under 19 Del. C. § 711, 6 Del. C. § 4504, [and/or 6 Del. C. § 4603], specifically: [DESCRIBE PROTECTED CHARACTERISTIC AND BASIS].

3.3. Defendant [EMPLOYER / ENTITY NAME] is a [corporation / LLC / partnership / sole proprietorship / public agency] organized under the laws of [STATE] with its principal place of business at [ADDRESS], doing business in Delaware. At all relevant times, Defendant was an "employer" within the meaning of 19 Del. C. § 710(7), employing four (4) or more employees within the State of Delaware.

3.4. Defendant [INDIVIDUAL DEFENDANT NAME] is, upon information and belief, an adult individual residing in [COUNTY], [STATE], who at all relevant times acted as [supervisor / manager / agent] of Defendant [EMPLOYER], and is sued in [their individual / official] capacity for conduct alleged herein.

4. JURISDICTION AND VENUE

4.1. This Court has subject-matter jurisdiction over Plaintiff's state-law claims pursuant to 10 Del. C. § 541 (Superior Court general jurisdiction) and 19 Del. C. § 714(c) (Superior Court designated forum for DDEA civil actions).

4.2. This Court has subject-matter jurisdiction over Plaintiff's parallel federal civil rights claims under 10 Del. C. § 541 and concurrent jurisdiction principles. [Plaintiff has elected the Delaware forum pursuant to 19 Del. C. § 714(b).]

4.3. Venue is proper in [NEW CASTLE / KENT / SUSSEX] County because the unlawful [employment / accommodations / housing] practices alleged herein occurred in this County, and Defendants transact business and may be served in this County.

4.4. The amount in controversy exceeds the jurisdictional minimum of this Court.

5. ADMINISTRATIVE EXHAUSTION AND CONDITIONS PRECEDENT

5.1. Plaintiff has satisfied all conditions precedent to bringing this action.

5.2. [Employment claims:] On [DATE], Plaintiff timely filed a verified Charge of Discrimination with the Delaware Department of Labor, Office of Anti-Discrimination ("OAD"), Charge No. [#######], within 300 days of the alleged unlawful employment practice as required by 19 Del. C. § 712(c)(1).

5.3. The Charge was dual-filed with the United States Equal Employment Opportunity Commission ("EEOC") pursuant to the EEOC–OAD work-share agreement, EEOC Charge No. [#######].

5.4. On [DATE], the OAD issued a Delaware Right to Sue Notice to Plaintiff. [On (DATE), the EEOC issued a federal Notice of Right to Sue.]

5.5. This Complaint is filed within ninety (90) days of Plaintiff's receipt of the [Delaware / federal] Right to Sue Notice, in accordance with 19 Del. C. § 714(b)(1) and 42 U.S.C. § 2000e-5(f)(1).

5.6. [Public accommodations claims:] On [DATE], Plaintiff filed a written complaint with the Delaware Division of Human and Civil Rights within 180 days of the discriminatory practice as required by 6 Del. C. § 4508(b). The Division [issued findings / failed to act / referred to Attorney General], and Plaintiff has satisfied 6 Del. C. § 4508(g) prior to commencing this action.

5.7. [Housing claims:] On [DATE], Plaintiq filed an administrative complaint with the Division of Human and Civil Rights pursuant to 6 Del. C. § 4612 within one (1) year of the discriminatory housing practice. This action is commenced within two (2) years of the practice as required by 6 Del. C. § 4613(a)(1)(a).

6. FACTUAL ALLEGATIONS

6.1. Plaintiff began [employment with / patronage of / tenancy at] Defendant on or about [DATE] as [POSITION / CAPACITY].

6.2. Throughout Plaintiff's tenure, Plaintiff [performed satisfactorily / received favorable evaluations / met all qualifications] and was qualified for the position.

6.3. On or about [DATE], [DESCRIBE SPECIFIC DISCRIMINATORY ACT — adverse employment action, refusal of service, denial of housing, harassing conduct, etc.].

6.4. [DESCRIBE COMPARATORS — similarly situated individuals outside Plaintiff's protected class who were treated more favorably, identified by name or job title where possible].

6.5. [DESCRIBE DIRECT EVIDENCE — discriminatory statements, slurs, written communications, policies, dates, witnesses].

6.6. [DESCRIBE TEMPORAL PROXIMITY for retaliation — date of protected activity (complaint, EEOC filing, ADA accommodation request) and date of adverse action].

6.7. Defendant's stated reason for the [adverse action / refusal / denial], namely [STATED REASON], is pretextual because [FACTS SHOWING PRETEXT — inconsistent application, shifting explanations, deviation from policy, statistics, etc.].

6.8. As a direct and proximate result of Defendants' conduct, Plaintiff has suffered [lost wages and benefits / emotional distress / humiliation / reputational harm / out-of-pocket expenses].

7. COUNT I — DISCRIMINATION UNDER 19 DEL. C. § 711 (DELAWARE DISCRIMINATION IN EMPLOYMENT ACT)

7.1. Plaintiff incorporates by reference Paragraphs 1.1 through 6.8 as if fully set forth herein.

7.2. At all relevant times, Defendant [EMPLOYER] was an "employer" within the meaning of 19 Del. C. § 710(7), employing four (4) or more employees in Delaware.

7.3. Plaintiff is a member of a class protected under 19 Del. C. § 711(a)(1) on the basis of [race / color / age / religion / sex including pregnancy / sexual orientation / gender identity / marital status / genetic information / national origin].

7.4. Defendant subjected Plaintiff to adverse employment action — namely [termination / demotion / failure to promote / failure to hire / unequal pay / reduction in hours / disciplinary action] — because of Plaintiff's protected characteristic, in violation of 19 Del. C. § 711(a)(1).

7.5. Defendant's conduct was intentional, willful, and/or reckless and was undertaken with malice or with reckless indifference to Plaintiff's protected rights under Delaware law.

7.6. As a direct and proximate result, Plaintiff has suffered damages for which Defendant is liable under 19 Del. C. § 715, including back pay, front pay, compensatory damages, equitable relief, prejudgment interest, attorneys' fees, and costs.

8. COUNT II — HOSTILE WORK ENVIRONMENT / SEXUAL HARASSMENT UNDER 19 DEL. C. § 711A

8.1. Plaintiff incorporates by reference all preceding paragraphs.

8.2. 19 Del. C. § 711A prohibits sexual harassment in the workplace and applies to employers with four (4) or more employees.

8.3. Defendant [and individual Defendant (NAME)] subjected Plaintiff to unwelcome [verbal / physical / visual] conduct of a [sexual / sex-based / gender-based] nature, including [DESCRIBE CONDUCT WITH DATES AND WITNESSES].

8.4. The conduct was severe or pervasive enough to alter the conditions of Plaintiff's employment and create a hostile or abusive work environment, both objectively and subjectively.

8.5. Defendant [knew or should have known of the conduct and failed to take prompt and effective remedial action / is strictly liable for the supervisory harassment under Faragher–Ellerth principles].

8.6. Defendant failed to provide the sexual-harassment training required by 19 Del. C. § 711A(h) for employers with 50+ employees, [if applicable].

8.7. As a direct and proximate result, Plaintiff has suffered damages recoverable under 19 Del. C. § 715.

9. COUNT III — RETALIATION UNDER 19 DEL. C. § 711(f)

9.1. Plaintiff incorporates by reference all preceding paragraphs.

9.2. Plaintiff engaged in protected activity under 19 Del. C. § 711(f) by [opposing a practice made unlawful by the DDEA / filing a charge of discrimination / participating in an OAD or EEOC investigation / requesting reasonable accommodation] on or about [DATE].

9.3. Defendant was aware of Plaintiff's protected activity.

9.4. Following Plaintiff's protected activity, Defendant subjected Plaintiff to a materially adverse action — [describe action] — that would dissuade a reasonable employee from making or supporting a charge of discrimination.

9.5. There is a causal connection between Plaintiff's protected activity and Defendant's adverse action, evidenced by [temporal proximity of __ days; pattern of antagonism; deviation from policy; direct retaliatory statements].

9.6. Defendant is liable to Plaintiff for damages under 19 Del. C. § 715.

10. COUNT IV — PUBLIC ACCOMMODATIONS DISCRIMINATION UNDER 6 DEL. C. § 4504

10.1. Plaintiff incorporates by reference all preceding paragraphs.

10.2. Defendant operates a "place of public accommodation" within the meaning of 6 Del. C. § 4502(14), specifically a [DESCRIBE ESTABLISHMENT] located at [ADDRESS], that caters to or solicits patronage from the general public.

10.3. On or about [DATE], Defendant [refused to serve Plaintiff / offered services on disadvantageous terms / denied a reasonable modification / posted discriminatory notice] because of Plaintiff's [race / age / marital status / creed / religion / color / sex / disability / sexual orientation / gender identity / military status / national origin], in violation of 6 Del. C. § 4504.

10.4. Plaintiff was injured by being denied the full and equal accommodations, facilities, advantages, and privileges of Defendant's establishment, and suffered humiliation, embarrassment, and out-of-pocket expense.

10.5. Plaintiff seeks actual damages, civil penalties under 6 Del. C. § 4508(d), reasonable attorneys' fees and costs, and injunctive relief.

11. COUNT V — HOUSING DISCRIMINATION UNDER 6 DEL. C. § 4603 (DELAWARE FAIR HOUSING ACT)

11.1. Plaintiff incorporates by reference all preceding paragraphs.

11.2. The dwelling located at [PROPERTY ADDRESS] is a "dwelling" within the meaning of 6 Del. C. § 4602(8) and is subject to the Delaware Fair Housing Act.

11.3. Defendant is a [landlord / property manager / seller / real-estate broker / agent / lender] subject to 6 Del. C. § 4603.

11.4. Defendant engaged in a discriminatory housing practice prohibited by 6 Del. C. § 4603(b)(1)–(8) by [refusing to rent or sell / imposing different terms / making discriminatory statements / steering / falsely representing unavailability] because of Plaintiff's [race / color / national origin / religion / creed / sex / marital status / familial status / source of income / age / sexual orientation / gender identity / disability / military status / housing status].

11.5. This action is timely commenced within two (2) years of the occurrence of the discriminatory housing practice as required by 6 Del. C. § 4613(a)(1)(a).

11.6. Plaintiff is entitled to actual damages, punitive damages, injunctive relief, and reasonable attorneys' fees and costs under 6 Del. C. § 4613(c).

12. COUNT VI — TITLE VII (42 U.S.C. § 2000e ET SEQ.)

12.1. Plaintiff incorporates by reference all preceding paragraphs.

12.2. Defendant is an "employer" within the meaning of 42 U.S.C. § 2000e(b), employing fifteen (15) or more employees.

12.3. Defendant's conduct constitutes unlawful [disparate treatment / disparate impact / hostile work environment / retaliation] in violation of 42 U.S.C. § 2000e-2(a) [and/or § 2000e-3(a)].

12.4. Plaintiff has exhausted federal administrative remedies and timely received an EEOC Notice of Right to Sue, attached as Exhibit B.

12.5. Plaintiff seeks compensatory and punitive damages subject to the caps in 42 U.S.C. § 1981a(b)(3), back pay, front pay, equitable relief, attorneys' fees under 42 U.S.C. § 2000e-5(k), and costs.

13. COUNT VII — 42 U.S.C. § 1981 / § 1983 (AS APPLICABLE)

13.1. Plaintiff incorporates by reference all preceding paragraphs.

13.2. [§ 1981:] Defendant's conduct interfered with Plaintiff's right under 42 U.S.C. § 1981 to make and enforce contracts on the same terms as white citizens, and to enjoy all benefits, privileges, terms, and conditions of the contractual relationship.

13.3. [§ 1983:] Defendant, acting under color of state law, deprived Plaintiff of rights, privileges, and immunities secured by the Constitution and laws of the United States, including the [Fourteenth Amendment Equal Protection / Due Process] clauses, in violation of 42 U.S.C. § 1983.

13.4. Plaintiff seeks compensatory damages, punitive damages (against individual defendants), declaratory and injunctive relief, and attorneys' fees and costs under 42 U.S.C. § 1988.

14. DAMAGES

14.1. Economic Damages: Past and future lost wages, lost benefits (health insurance, retirement contributions, paid leave), lost earning capacity, and out-of-pocket expenses, in an amount to be proven at trial but presently estimated to exceed $[AMOUNT].

14.2. Non-Economic Damages: Emotional distress, mental anguish, humiliation, embarrassment, loss of professional reputation, and loss of enjoyment of life.

14.3. Punitive Damages: Defendant's conduct was undertaken with malice or with reckless indifference to Plaintiff's federally protected rights, warranting punitive damages under 42 U.S.C. § 1981a(b)(1) [and/or 6 Del. C. § 4613(c)(1) for housing claims].

14.4. Equitable Relief: Reinstatement to Plaintiff's former position with full seniority and benefits, or front pay in lieu thereof; injunctive relief preventing further discrimination; expungement of adverse personnel records.

14.5. Attorneys' Fees and Costs: Reasonable attorneys' fees and costs under 19 Del. C. § 715, 42 U.S.C. § 2000e-5(k), 42 U.S.C. § 1988, 6 Del. C. § 4508(d), and 6 Del. C. § 4613(c).

15. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in favor of Plaintiff and against Defendants, jointly and severally, awarding the following relief:

• A. Declaratory judgment that Defendants' conduct violated 19 Del. C. § 711, 6 Del. C. § 4504, 6 Del. C. § 4603, Title VII, [and 42 U.S.C. § 1981 / § 1983] as alleged herein;
• B. Compensatory damages in an amount to be determined at trial;
• C. Back pay and front pay, with prejudgment interest;
• D. Punitive damages in the maximum amount allowed by law;
• E. Reinstatement to Plaintiff's former position with full seniority and benefits, or front pay in lieu thereof;
• F. Injunctive relief enjoining Defendants from further discriminatory and retaliatory practices, and ordering equal-employment-opportunity training;
• G. Expungement of any adverse personnel records;
• H. Reasonable attorneys' fees, expert witness fees, and costs of suit;
• I. Pre-judgment and post-judgment interest at the maximum rate allowed by law;
• J. Such other and further relief as this Court deems just and proper.

16. DEMAND FOR TRIAL BY JURY

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right pursuant to Del. Super. Ct. Civ. R. 38 and the Seventh Amendment to the United States Constitution.

17. RESERVATION OF RIGHTS

Plaintiff reserves the right to amend this Complaint to assert additional claims (including but not limited to claims under the Persons with Disabilities Employment Protections Act, 19 Del. C. § 720 et seq., or the federal ADA, 42 U.S.C. § 12101 et seq.) or to add additional parties as discovery may reveal, in accordance with Del. Super. Ct. Civ. R. 15.

18. SIGNATURE AND SERVICE BLOCKS

Date: [DATE]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Delaware Bar ID No. [####]

[ASSOCIATE NAME], Delaware Bar ID No. [####] (of counsel)

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, DE ZIP]

Telephone: [NUMBER]

Facsimile: [NUMBER]

Email: [EMAIL]

19. VERIFICATION

STATE OF DELAWARE

COUNTY OF [COUNTY]

I, [PLAINTIFF NAME], being duly sworn according to law, depose and say that I am the Plaintiff in the foregoing action; that I have read the foregoing Verified Complaint; and that the factual allegations contained therein are true and correct to the best of my knowledge, information, and belief.

[________________________________]

[PLAINTIFF NAME]

Sworn to and subscribed before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public

(My Commission Expires: [_______________])

20. CERTIFICATE OF SERVICE

I, [ATTORNEY NAME], hereby certify that on this [____] day of [_______________], 20[____], I caused a true and correct copy of the foregoing VERIFIED COMPLAINT to be served upon the following parties via [Delaware File & Serve / certified U.S. mail, return receipt requested / hand delivery]:

[SERVICE LIST WITH ADDRESSES]

[________________________________]

[ATTORNEY NAME], Delaware Bar ID No. [####]

21. DELAWARE PRACTICE NOTES

• Charge filing deadline. A charge of discrimination must be filed with the Delaware DOL Office of Anti-Discrimination within 300 days of the alleged unlawful employment practice (19 Del. C. § 712(c)(1)). The 120-day figure sometimes confused with the deadline is actually the OAD's internal investigation timeline, not the charge-filing window.
• Right-to-Sue window. Once a Delaware Right to Sue Notice issues, suit must be filed in Superior Court within 90 days (19 Del. C. § 714(b)(1)). If a federal Right to Sue is later in time, the 90-day clock runs from the later notice. Track both notices carefully.
• Employer-coverage threshold. The DDEA covers employers with 4 or more employees (19 Del. C. § 710(7)) — substantially broader than Title VII's 15-employee threshold and ADEA's 20-employee threshold. Plead the 4+ count expressly to ensure DDEA coverage where federal coverage may fail.
• Forum selection. Civil actions under the DDEA are brought in Superior Court (19 Del. C. § 714(c)). Equal Accommodations and Fair Housing claims may be brought in Superior Court or, for purely equitable relief, the Court of Chancery. Federal claims may be filed in U.S. District Court for the District of Delaware (Wilmington).
• Election of remedies. 19 Del. C. § 714(b) requires the charging party to elect a Delaware or federal forum. A Delaware civil action does not preclude pursuing federal claims in the same lawsuit, but parallel proceedings in different forums may be barred. Confirm election language in the Right to Sue Notice.
• Damages caps. Title VII compensatory and punitive damages are capped at $50,000–$300,000 based on employer size (42 U.S.C. § 1981a(b)(3)). Section 1981 claims have no cap. State-law DDEA damages mirror federal Title VII remedies under 19 Del. C. § 715. Plead § 1981 (race) and § 1983 (state actors) to escape Title VII caps.
• Public-accommodations enforcement. Aggrieved persons must file with the Division of Human and Civil Rights within 180 days (6 Del. C. § 4508(b)). The Attorney General has primary enforcement authority; private right of action arises if AG fails to act within 60 days of notice (6 Del. C. § 4508(g)).
• Fair Housing deadlines. Administrative complaint within 1 year; civil action within 2 years (6 Del. C. § 4612–4613). The Division is HUD-substantially-equivalent and dual-files with HUD.
• Sexual harassment training mandate. Employers with 50+ employees must provide interactive sexual-harassment training every two years under 19 Del. C. § 711A(h). Failure to train is admissible evidence.
• Individual liability. Delaware courts generally follow federal Title VII precedent declining individual supervisor liability for employment discrimination. Aiding-and-abetting and tortious-interference theories may reach individuals; § 1981 / § 1983 claims may also reach individuals in their personal capacities.
• Pleading standard. Delaware Superior Court applies fact-pleading principles. Plead the elements of each cause of action with supporting factual specificity to survive a Rule 12(b)(6) motion.

22. SOURCES AND REFERENCES

• Delaware Discrimination in Employment Act — https://delcode.delaware.gov/title19/c007/sc02/
• 19 Del. C. § 711 (unlawful employment practices) — https://delcode.delaware.gov/title19/c007/sc02/index.html
• 19 Del. C. § 712 (DOL enforcement; 300-day charge deadline)
• 19 Del. C. § 714 (civil action; Delaware Right to Sue; 90-day window)
• 19 Del. C. § 715 (remedies)
• 19 Del. C. § 711A (sexual harassment)
• 19 Del. C. § 720 et seq. (Persons with Disabilities Employment Protections Act)
• Delaware Equal Accommodations Law, 6 Del. C. § 4500 et seq. — https://delcode.delaware.gov/title6/c045/
• Delaware Fair Housing Act, 6 Del. C. § 4600 et seq. — https://delcode.delaware.gov/title6/c046/
• Delaware DOL Office of Anti-Discrimination — https://labor.delaware.gov/divisions/industrial-affairs/discrimination/
• File a Charge — https://labor.delaware.gov/divisions/industrial-affairs/discrimination/file-a-charge/
• Division of Human and Civil Rights — https://humanandcivilrights.delaware.gov/
• Fair Housing Information Center — https://humanandcivilrights.delaware.gov/fair-housing-information-center/
• Delaware Superior Court Civil Rules — https://courts.delaware.gov/superior/
• Title VII — 42 U.S.C. § 2000e et seq.
• Americans with Disabilities Act — 42 U.S.C. § 12101 et seq.
• Federal Fair Housing Act — 42 U.S.C. § 3601 et seq.
• 42 U.S.C. § 1981 (equal contract rights)
• 42 U.S.C. § 1983 (deprivation of rights under color of state law)
• 42 U.S.C. § 1988 (attorneys' fees)
• EEOC FEPA list — https://www.eeoc.gov/fair-employment-practices-agencies-fepas-and-dual-filing

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Delaware must review and customize this document before filing. Statutes, court rules, deadlines, and damages caps change frequently; verify all authorities against the current Delaware Code and Superior Court Rules before use.