§ 3509 — Retaliation prohibited

(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.

(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.

Legislative History

77 Del. Laws, c. 192, § 1