July 2025

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Delaware Expands Anti-Bias Law

09/04/25

Author: ADP Admin/Tuesday, September 2, 2025/Categories: Compliance Corner , State Compliance Update, Delaware

Delaware has enacted legislation that prohibits employers from discriminating against individuals on the basis of their military status. The change is a result of the enactment of House Substitute 1 and took effect immediately on July 23, 2025.

The details

Under existing law, Delaware prohibits employers with four or more employees from discriminating against individuals on the basis of race, color, religion, sex (including pregnancy), sexual orientation, national origin, disability, age (40 or older), marital status, or genetic information. House Substitute 1 amends the law to add military status to the list of protected characteristics.

Under the law, military status is defined as any of the following:

  • A member of the uniformed forces, or a reserve component thereof
  • A veteran
  • A dependent of a servicemember

Next steps

  • Review policies and update them if necessary.
  • Train supervisors on the new law.

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