Effective September 26, 2024, Delaware has expanded its anti-discrimination laws to include “housing status” as a protected characteristic. This legislative change impacts various aspects of employment and public services within the state.
What is “Housing Status”?
“Housing status” refers to an individual’s, family’s, or youth’s overnight residence, regardless of its permanence or habitability.
Key Implications for Employers
The new law prohibits discrimination based on housing status in the following areas:
- Hiring and Employment: Employers cannot discriminate against job applicants or employees in hiring, firing, promotions, or other employment decisions.
- Labor Organizations: Labor organizations cannot exclude, expel, or discriminate against members due to their housing status.
- Employment Agencies: Employment agencies must not discriminate or classify individuals based on housing status when referring workers for employment.
- Apprenticeship and Training Programs: These programs must provide equal opportunities regardless of housing status.
- Public Works Contracts: Public works contracts must include clauses prohibiting discrimination based on housing status.
Next Steps
To ensure compliance with the new law, employers should:
- Update Policies: Review and update equal employment opportunity and non-discrimination policies to include housing status.
- Train Employees: Conduct training sessions to educate employees about the new protected class and how to prevent discrimination.
- Review Job Advertisements and Recruitment Materials: Ensure that these materials do not contain discriminatory language or practices.
- Monitor Compliance: Implement systems to monitor compliance with the new law and address any potential issues promptly.
In addition, government contractors with state contracts may need to update their contract language and practices to incorporate housing status into non-discrimination clauses.
