(a) An employer may not discriminate in any manner or take adverse action against any person because the person:

(1) Files a complaint with the employer or the Department alleging that the employer violated any provision of this chapter or any regulation adopted under this chapter;

(2) Brings an action under this chapter or a proceeding involving a violation of this chapter;

(3) Testifies in an action authorized under this chapter or a proceeding involving a violation of the provisions of this chapter or any regulation adopted by this chapter; or

(4) Assists in an investigation by providing information to a litigant in a civil action, the Department or another state agency in proceedings as provided by this chapter.

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Terms Used In Delaware Code Title 19 Sec. 3509

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Employer: means any individual, partnership, association, joint stock company, trust, corporation, the administrator or executor of the estate of a deceased individual or the receiver, trustee or successor of any of the same employing any person excepting those provided for in subsection (b) of this section. See Delaware Code Title 19 Sec. 3501
  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302

(b) A person who believes that an employer has discriminated in any manner or taken adverse action against the person in violation of subsection (a) of this section:

(1) May submit to the Department a written verified complaint that alleges the discrimination and that includes the signature of the complainant; and

(2) Upon receipt of a complaint pursuant to this section, the Department will determine if an investigation is warranted.

77 Del. Laws, c. 192, § ?1;