Both Delaware and the federal government have passed laws that prohibiting discrimination on the basis of specific protected characteristics. Under state and Federal law, both private and public employers in New Castle can be found liable for discrimination, depending on what type of trait originally prompted the discrimination.

How Does Employment Discrimination Occur?

If an employee is a member of a legally protected class and their employer treats them unfairly because of that, the employer will be held liable for employment discrimination. Employers are prohibited from using specific traits to evaluate you such as national origin, religion, race, age, familial status, or gender. The plaintiff must prove that their employer intended to treat them unfairly because of their protected status in order to succeed on a discrimination claim in New Castle, Delaware.

How can Employment Discrimination be Proven in Delaware?

This may be shown if the employer has treated others of the same status similarly, or when people testify to particular statements made by the employer that would indicate bias when heard by a reasonable person. Furthermore, employers are in clear violation of the law when they fire someone or retaliate against them because they filed a discrimination lawsuit.

Employment discrimination claims have complicated filing procedures, because they involve pursuing the claim with particular agencies. An New Castle, Delaware attorney can help you file on time, as well as pursue any further remedies that may be available to you while your case is pending.