NOTE: Federal employees or applicants for Federal employment should contact the 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 DDOL.
How is a Charge of Discrimination filed?
- A charge may be filed in person at the DDOL 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 DDOL 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 DDOL require filing a charge with DDOL 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 DDOL 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 DDOL promptly when discrimination is suspected.
What Agency Handles a Charge that is also Covered by Federal Law?
Through the use of "work sharing agreements," EEOC and the DDOL 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 DDOL and is also covered by federal law, the DDOL "dual files" the charge with EEOC to protect federal rights. The charge usually will be retained by the DDOL for handling.
- If a charge is filed with EEOC and also is covered by state or local law, EEOC "dual files" the charge with the state or local FEPA, but ordinarily retains the charge for handling.