The Delaware Discrimination in Employment Act (DDEA), found in Title 19, Chapter 7 of the Delaware Code, prohibits discrimination based on disability and requires reasonable accommodation. The law applies to employers with four or more employees in Delaware. Key terms include "disability," which covers both physical and mental impairments that limit one or more major life activities. Employees, job applicants, and in some cases, former employees are covered if they need an accommodation related to a disability. More details can be found in Delaware Code Title 19, Ch. 7.
Delaware employers must provide reasonable accommodations to qualified individuals with disabilities, unless doing so would pose an undue hardship on business operations. Common types of adjustments include modifying work schedules, making facilities accessible, acquiring or modifying equipment, and restructuring jobs or workplace policies. Under the DDEA, an employer’s obligation starts once they are aware—directly or indirectly—of the need for accommodation.
Employers should respond promptly and engage in an interactive process with any applicant or employee making an accommodation request. This typically involves discussing the individual's restrictions and possible solutions. Employers may request relevant documentation to support the request, but cannot require excessive or invasive medical disclosure. Although Delaware law does not set a strict deadline, HR should respond "expeditiously" and document every step to avoid claims of delay or inaction.
Employees may file discrimination complaints with the Delaware Department of Labor – Office of Anti‑Discrimination. If the office finds reasonable cause, it may require corrective action, including back pay, job reinstatement, or policy changes. Employers violating the accommodation rules may be ordered to remedy the violation and could face civil penalties. For more on the complaint procedure, visit the Delaware Department of Labor.
Managing accommodation requests under Delaware Discrimination in Employment Act (Title 19, Ch. 7) can be tedious—multiple forms, interactive‑process deadlines, and cross‑department coordination all add complexity.
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- Proactively communicate procedures for requesting accommodation to all staff.
- Train managers and HR on recognizing accommodation requests, even when they aren’t stated explicitly.
- Maintain clear records of all requests and steps taken—documentation is critical in case of later review.
- Avoid common mistakes such as requesting too much medical information or delaying the interactive process.
- Regularly review accommodation policies to address new law changes or business conditions.
