§ 715 — Judicial remedies; civil penalties

(a) Superior Court shall have jurisdiction over all proceedings brought by the charging party under § 714 of this title. Superior Court may excuse a charging party who has complied with the compulsory conciliation provisions of this chapter from the compulsory arbitration provisions of Superior Court rules.

(b) Superior Court may order any of the following:

(1) That the respondent cease and desist or modify its existing employment policies.

(2) That the respondent hire, reinstate, or promote the charging party.

(3) The payment of any of the following:

a. Compensatory damages.

b. Punitive damages.

c. Special damages, including back pay and interest on back pay.

d. Front pay.

(4) Equitable relief provided under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-5.

(5) The costs of litigation and reasonable attorney’s fees to the prevailing party.

(c) An award of compensatory or punitive damages, or both, under paragraph (b)(3)a. or b. of this section, may not exceed the following:

(1) For a respondent with 4 through 14 employees, $50,000.

(2) For a respondent with 15 through 100 employees, $75,000.

(3) For a respondent with 101 through 200 employees, $175,000.

(4) For a respondent with 201 through 500 employees, $300,000.

(5) For a respondent with more than 500 employees, $500,000.

(d) In any action brought by the Department for violation of the retaliation provision of § 711(g) of this title, the Court shall fine the employer not less than $1,000 nor more than $5,000 for each violation, in addition to any liability for damages under this section.

Legislative History

74 Del. Laws, c. 356 ; 83 Del. Laws, c. 421, § 1 ; 84 Del. Laws, c. 203, § 1