Delaware Employment Laws

Prohibits employment discrimination based on race, color, religion, sex (including pregnancy), sexual orientation, gender identity, national origin, age, marital status, genetic information, family responsibilities, reproductive health decisions, and military status. Applies to employers with 4+ employees (disability protections apply at 15+ employees).

Delaware's minimum wage is $15.00 per hour as of January 1, 2025. Tipped employees must receive at least $2.23 per hour in direct wages, with tips making up the difference to the full minimum wage.

Effective January 1, 2026, eligible employees (1+ year of employment, 1,250+ hours) can receive up to 12 weeks of paid leave per year for childbirth, serious illness, caregiving, or military deployment. Benefits are up to 80% of wages, capped at $900/week. Applies to employers with 10+ employees.

Employers with 50 or more employees must provide interactive sexual harassment prevention training to all employees every 2 years. Supervisory employees must receive additional training.

Employers may not discharge, threaten, or discriminate against an employee because the employee reported or is about to report a violation of law to a public body.