Delaware Office of Anti-Discrimination Charge of Discrimination

DELAWARE DEPARTMENT OF LABOR — OFFICE OF ANTI-DISCRIMINATION

CHARGE OF DISCRIMINATION

TABLE OF CONTENTS

1. Filing Cover Sheet
2. Charging Party Information
3. Respondent (Employer) Information
4. Statutory Basis and Protected Classes
5. Earliest and Latest Date of Discrimination
6. Particulars of the Charge
7. Relief Sought
8. Dual Filing with EEOC
9. Verification and Notarization
10. Filing Submission Information
11. Document Checklist
12. Delaware Practice Notes
13. Sources and References

1. FILING COVER SHEET

STATE OF DELAWARE — DEPARTMENT OF LABOR

DIVISION OF INDUSTRIAL AFFAIRS — OFFICE OF ANTI-DISCRIMINATION

FORMAL CHARGE OF DISCRIMINATION — 19 DEL. C. § 712

2. CHARGING PARTY INFORMATION

Authorized Representative (Attorney), if any:

3. RESPONDENT (EMPLOYER) INFORMATION

4. STATUTORY BASIS AND PROTECTED CLASSES

Cause(s) of Discrimination Alleged (check all that apply):

☐ Race / Color (19 Del. C. § 711(a)(1); 42 U.S.C. § 2000e-2; 42 U.S.C. § 1981)

☐ National Origin (19 Del. C. § 711(a)(1); Title VII)

☐ Religion / Creed (19 Del. C. § 711(a)(1); Title VII)

☐ Sex / Gender (19 Del. C. § 711(a)(1); Title VII)

☐ Pregnancy, Childbirth, or Related Medical Conditions (19 Del. C. § 711(a)(1); 19 Del. C. § 716; PDA)

☐ Sexual Orientation (19 Del. C. § 711(a)(1); Bostock / Title VII)

☐ Gender Identity (19 Del. C. § 711(a)(1); Bostock / Title VII)

☐ Age 40+ (19 Del. C. § 711(a)(1); ADEA, 29 U.S.C. § 621)

☐ Disability (Persons with Disabilities Employment Protections Act, 19 Del. C. § 724; ADA)

☐ Marital Status (19 Del. C. § 711(a)(1))

☐ Genetic Information (19 Del. C. § 711(a)(1); GINA)

☐ Military / Veteran Status (19 Del. C. § 711(a)(1); USERRA)

☐ Volunteer Emergency-Responder Status (19 Del. C. § 711)

☐ Family Responsibilities / Caregiver Status (19 Del. C. § 711(b)(3))

☐ Sexual Harassment (19 Del. C. § 711A)

☐ Retaliation for Protected Activity (19 Del. C. § 711(f); 42 U.S.C. § 2000e-3)

Adverse Action(s) Alleged (check all that apply):

☐ Failure to Hire ☐ Termination / Discharge ☐ Constructive Discharge

☐ Demotion ☐ Failure to Promote ☐ Denial of Pay Raise / Bonus

☐ Discipline ☐ Harassment / Hostile Work Environment

☐ Failure to Accommodate (Disability / Religion / Pregnancy)

☐ Unequal Terms and Conditions ☐ Wage Discrimination

☐ Reduction in Hours ☐ Reassignment ☐ Suspension

☐ Denial of Training ☐ Retaliation

☐ Other: [________________________________]

5. EARLIEST AND LATEST DATE OF DISCRIMINATION

6. PARTICULARS OF THE CHARGE

I, [CHARGING PARTY NAME], charge that the above-named Respondent discriminated against me in violation of 19 Del. C. § 711 et seq., as follows:

6.1. Background

I was [employed by / applied for employment with] Respondent on [__/__/____] as [POSITION TITLE] at Respondent's facility located at [ADDRESS]. I am [a member of the protected class(es) checked above — describe basis, e.g., "African American," "female," "53 years old," "person with diabetes," "pregnant at the time of termination"].

6.2. Qualifications

I was qualified for my position. [Briefly summarize education, certifications, years of service, performance evaluations, awards, lack of discipline.]

6.3. Specific Discriminatory Acts

On or about [__/__/____], [describe first discriminatory act with specifics — who, what, where, when, witnesses].

On or about [__/__/____], [describe second act].

On or about [__/__/____], [describe additional acts; continue chronologically].

6.4. Comparators / Direct Evidence

[Identify similarly situated employees outside the protected class who were treated more favorably, by name or job title where possible — e.g., "Coworker John Smith, a white male in the same role, was not disciplined for the same conduct on (date)"; OR quote any discriminatory statements made by decisionmakers — e.g., "On (date), Supervisor Jane Doe stated to me, 'We need fresh blood — younger workers.'"]

6.5. Protected Activity (Retaliation Cases)

[If retaliation: state the date and nature of protected activity (internal complaint, EEOC filing, ADA accommodation request, FMLA leave, opposition to discriminatory practice). State that Respondent had knowledge of the protected activity. Describe the temporal proximity and any pattern of antagonism between the protected activity and the adverse action.]

6.6. Pretext

Respondent's stated reason for the [adverse action] was [STATED REASON]. This reason is a pretext for unlawful discrimination because [FACTS SHOWING PRETEXT — inconsistency, deviation from policy, shifting explanations, statistical evidence, false reasons].

6.7. Statement of Belief

I believe I have been discriminated against because of my [PROTECTED CHARACTERISTIC] in violation of 19 Del. C. § 711 [and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. / the ADA, 42 U.S.C. § 12101 et seq. / the ADEA, 29 U.S.C. § 621 et seq. / the Persons with Disabilities Employment Protections Act, 19 Del. C. § 724 et seq.].

7. RELIEF SOUGHT

I seek the following relief through the OAD process:

☐ Reinstatement to former position with full seniority and benefits

☐ Back pay (wages, commissions, bonuses, benefits) from [__/__/____] to date

☐ Front pay in lieu of reinstatement, if reinstatement is impracticable

☐ Compensatory damages for emotional distress and other harm

☐ Punitive damages (federal claims)

☐ Injunctive relief — cessation of discriminatory practices

☐ Posting of notice in the workplace

☐ Anti-discrimination and sexual-harassment training under 19 Del. C. § 711A(h)

☐ Expungement of adverse personnel records and discipline

☐ Reasonable accommodation: [________________________________]

☐ Attorneys' fees and costs

☐ Other: [________________________________]

I am willing to participate in OAD-sponsored mediation: ☐ Yes ☐ No ☐ Need more information

8. DUAL FILING WITH EEOC

Pursuant to the work-share agreement between the Delaware Department of Labor and the U.S. Equal Employment Opportunity Commission under 29 C.F.R. § 1601.13:

☐ I request that this charge be dual-filed with the EEOC to preserve my federal rights under Title VII, the ADA, the ADEA, GINA, and/or the Equal Pay Act.

☐ I have already filed a charge directly with the EEOC. EEOC Charge No.: [__________], filed on [__/__/____].

☐ I do not request dual filing. (Acknowledge: federal claims may be lost.)

I understand that:

• The Delaware filing deadline is 300 days from the latest unlawful act (19 Del. C. § 712(c)(1));
• Delaware is a deferral state, so the federal Title VII deadline is also 300 days for charges dual-filed with OAD (42 U.S.C. § 2000e-5(e)(1));
• I cannot recover damages twice for the same conduct (election of remedies / collateral estoppel principles);
• After OAD's process concludes, I may receive a Delaware Right to Sue Notice and must file suit in Delaware Superior Court within 90 days (19 Del. C. § 714(b)(1));
• A federal Right to Sue Notice may issue separately from the EEOC and triggers a 90-day federal-court filing window.

9. VERIFICATION AND NOTARIZATION

STATE OF DELAWARE

COUNTY OF [_______________]

I, [CHARGING PARTY NAME], being duly sworn according to law, depose and say:

1. I am the Charging Party in the foregoing Charge of Discrimination.
2. I have read the foregoing Charge.
3. The factual statements contained in this Charge are true and correct to the best of my knowledge, information, and belief.
4. I understand that knowingly making a false statement to a state agency is punishable under Delaware law.
5. I authorize the Delaware Department of Labor, Office of Anti-Discrimination, to investigate this Charge and to dual-file with the U.S. Equal Employment Opportunity Commission as indicated in Section 8.

[________________________________]

[CHARGING PARTY NAME], Charging Party

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

[________________________________]

Notary Public

(My Commission Expires: [_______________])

10. FILING SUBMISSION INFORMATION

Delaware DOL — Office of Anti-Discrimination Office Locations:

Email (general inquiries; do NOT send PII unencrypted): [email protected]

Online Intake: https://industrialaffairs.delaware.gov/anti-discrimination

Hours: Monday–Friday, 8:00 a.m. – 4:30 p.m.

Submission Method (check one):

☐ In person at OAD office (recommended for first-time filers — intake interview required)

☐ Online intake at industrialaffairs.delaware.gov

☐ U.S. Mail to applicable OAD office

☐ Certified Mail, Return Receipt Requested (recommended for proof of timely filing)

11. DOCUMENT CHECKLIST

Submit with the Charge:

☐ Government-issued photo identification (copy)

☐ Signed and notarized Charge (this document)

☐ Resume / employment history with Respondent

☐ Recent performance evaluations

☐ Written discipline / warnings / termination letter

☐ Pay stubs and benefit statements (last 6–12 months)

☐ Comparator information (names, job titles, treatment)

☐ Internal complaints filed and Respondent's response

☐ Witness list with contact information

☐ Discriminatory communications (emails, texts, voicemails) — preserve originals

☐ Medical records / accommodation requests (disability / pregnancy)

☐ EEOC charge (if previously filed)

☐ Calendar / log of incidents with dates

12. DELAWARE PRACTICE NOTES

• 300-day filing deadline (CRITICAL). Under 19 Del. C. § 712(c)(1), the Charge must be filed within 300 days of the most recent unlawful employment practice. Some practitioners and informal sources reference a "120-day" figure — that figure relates to the OAD's internal investigation timeline, not the charge-filing deadline. The deadline of record is 300 days, and missing it forfeits state-law claims.
• EEOC dual filing. OAD is an EEOC-designated FEPA. Charges dual-filed with OAD count as filed with the EEOC under 29 C.F.R. § 1601.13, preserving the federal 300-day deadline for Title VII / ADA / ADEA claims (Delaware is a deferral state).
• Employer threshold. DDEA covers employers with 4 or more Delaware employees (19 Del. C. § 710(7)) — broader than Title VII (15) and ADEA (20). Always plead 4+ coverage.
• Sexual harassment. 19 Del. C. § 711A separately addresses sexual harassment. Employers with 50+ employees must provide interactive harassment training every 2 years (§ 711A(h)). Failure to train is admissible.
• Disability claims. File under both 19 Del. C. § 724 (Persons with Disabilities Employment Protections Act, "PDEPA") and the ADA. PDEPA tracks ADA standards but is enforced through OAD.
• Pregnancy accommodations. 19 Del. C. § 716 mandates reasonable accommodations for pregnancy, childbirth, and related conditions. Plead this section alongside Title VII / PDA claims.
• Investigation timeline. OAD typically resolves charges in 6–9 months. The agency reviews submissions and issues preliminary findings within roughly 60 days, then conducts a fuller investigation or facilitates mediation.
• Determinations. OAD issues either a "Reasonable Cause" or "No Reasonable Cause" determination. Either way, the charging party may obtain a Delaware Right to Sue Notice upon termination of the administrative process.
• Right to Sue. Civil action must be filed in Delaware Superior Court within 90 days of the Delaware Right to Sue Notice (19 Del. C. § 714(b)(1)). If a federal Right to Sue is later in time, the 90-day window runs from the later of the two notices.
• Mediation. OAD offers free voluntary mediation before formal investigation. Many cases resolve at this stage. Mediated settlements are confidential and enforceable.
• Retaliation. New retaliatory acts after the Charge is filed should be reported to OAD as an amendment or new charge promptly. Retaliation is independently actionable under 19 Del. C. § 711(f).
• Confidentiality. OAD investigations are non-public. Disclosure of investigative materials is limited, but the Charge itself becomes part of the file served on Respondent.
• Right to representation. Charging parties may be represented by Delaware-licensed counsel at any stage. Pro se filing is permitted; attorney involvement is strongly advised before formal Charge submission.

13. SOURCES AND REFERENCES

• Delaware DOL — Office of Anti-Discrimination — https://labor.delaware.gov/divisions/industrial-affairs/discrimination/
• Office of Anti-Discrimination home page — https://industrialaffairs.delaware.gov/anti-discrimination
• File a Charge — https://labor.delaware.gov/divisions/industrial-affairs/discrimination/file-a-charge/
• Discrimination Intake Form — https://laborfiles.delaware.gov/main/dia/olle/Discrimination_Intake_Form.pdf
• Delaware Discrimination in Employment Act — https://delcode.delaware.gov/title19/c007/sc02/
• 19 Del. C. § 710 (definitions; 4+ employee threshold)
• 19 Del. C. § 711 (unlawful employment practices)
• 19 Del. C. § 711A (sexual harassment; training mandate)
• 19 Del. C. § 712 (DOL enforcement; 300-day charge filing deadline)
• 19 Del. C. § 714 (civil action; Right to Sue; 90-day window)
• 19 Del. C. § 715 (remedies)
• 19 Del. C. § 716 (pregnancy accommodations)
• 19 Del. C. § 720 et seq. (Persons with Disabilities Employment Protections Act)
• 19 Del. Admin. Code 1311 (OAD regulations) — https://regulations.delaware.gov/AdminCode/title19/1000/1311.shtml
• EEOC — Fair Employment Practices Agencies (FEPAs) and Dual Filing — https://www.eeoc.gov/fair-employment-practices-agencies-fepas-and-dual-filing
• EEOC — How to File a Charge — https://www.eeoc.gov/how-file-charge-employment-discrimination
• 29 C.F.R. § 1601.13 (Dual-filed charges)
• Title VII, 42 U.S.C. § 2000e et seq.
• ADA, 42 U.S.C. § 12101 et seq.
• ADEA, 29 U.S.C. § 621 et seq.
• Delaware Legal Help Link — Anti-Discrimination Unit — https://delegalhelplink.org/organization/delaware-department-of-labor-anti-discrimination-unit

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Delaware should review and customize this document before filing. Statutes, regulations, agency procedures, addresses, and phone numbers change; verify all current information directly with the Delaware Department of Labor, Office of Anti-Discrimination, before submission.