Privacy Law Library

Delaware Discrimination in Employment Act: genetic information provisions

DDEA Genetic Information

Employees · Genetic

Delaware's employment discrimination law bars discrimination based on genetic information and bars employers, agencies, and unions from intentionally collecting genetic information about employees, applicants, or their family members unless it is job-related and consistent with business necessity or needed for retirement or benefit plan administration.

Where
Delaware
Citation
19 Del. C. § 711(a), (f); § 710(11)
Status
In force
Enforced by
Delaware Department of Labor (charge process), followed by a Delaware Right to Sue Notice for Superior Court suits (712)
People can sue
Yes
Penalties
Enforced through the Department of Labor administrative process; after a Delaware Right to Sue Notice the charging party may sue in Superior Court (19 Del. C. §§ 710(4), 712).
Applies to
  • Employers with 4 or more employees in Delaware (including the State and subdivisions), employment agencies, labor organizations, and apprenticeship committees (710(7), 711)

Practices it requires

  • Do not refuse to hire, discharge, or otherwise discriminate in employment because of an individual's genetic information.19 Del. C. § 711(a)
  • Do not intentionally collect genetic information about an employee, applicant, or family member unless it is job-related and consistent with business necessity, or sought for a retirement system or bona fide benefit plan.19 Del. C. § 711(f)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: Enactment date of the genetic-information provisions not researched; remedies summarized from § 712 headings and definitions only.

Research reference, not legal advice.