Delaware EEOC filing deadline
Delaware is a 300-day federal jurisdiction for Title VII bases. The 300-day extension under 42 U.S.C. §2000e-5(e)(1) rule applies, with dual-filing mechanics under 29 CFR §1601.13.
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State FEPA
State filing window
Runs independently of the federal 180/300 clock. Some states impose a tighter internal deadline; others (CA 3-year, IL/OH 730-day post-amendment) extend well past the federal window.
Worksharing posture
Worksharing agreement in effect. Filing with either the EEOC or the state agency typically constitutes filing with both.
Federal circuit
Delaware is in the 3rd Circuit. Federal appellate treatment of Morgan (2002) continuing-violation doctrine and constructive-discharge doctrine varies by circuit and is reviewed quarterly.
Where Delaware state law goes beyond federal
Title VII covers race, color, religion, sex, and national origin. ADA adds disability; ADEA adds age 40+; GINA adds genetic information. Many state FEPAs cover additional bases that federal law does not — those gaps are real grounds even when the federal claim is closed.
Shared with federal · 8
- RaceTitle VII
- ColorTitle VII
- ReligionTitle VII
- SexTitle VII
- National originTitle VII
- Age (40+)ADEA
- DisabilityADA
- Genetic informationGINA
State-only bases · 4
- Marital status
- Sexual orientation
- Gender identity
- Pregnancy
These bases are covered only by state law in this jurisdiction. Federal Title VII / ADA / ADEA / GINA do not reach them — but state-court remedies under the state FEPA statute may still be available.
State-specific notes
- [PLACEHOLDER: cite]
FAQ
What is the EEOC charge filing deadline in Delaware?
300 days from the most recent discriminatory act under 42 U.S.C. §2000e-5(e)(1). Delaware has a designated Fair Employment Practices Agency (Delaware Department of Labor, Office of Anti-Discrimination) enforcing a same-basis state anti-discrimination law, which triggers the 300-day extension under 29 CFR §1601.13.
Does Delaware have a state-level discrimination agency?
Yes — Delaware Department of Labor, Office of Anti-Discrimination (https://labor.delaware.gov/divisions/industrial-affairs/discrimination/). Operating statute: Del. Code tit. 19, §710 et seq.. Covered protected bases include race, color, religion, sex, national_origin, age, disability, marital_status, sexual_orientation, gender_identity, genetic, pregnancy.
Which federal circuit does Delaware sit in?
Delaware is in the 3rd Circuit. Federal appeals from district courts in Delaware go to that Circuit. Continuing-violation doctrine treatment under Morgan (2002) varies by circuit; consult an employment-law attorney before relying on circuit-specific applications.
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