19 DE Code § 712. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 7. Employment Practices|Subchapter II. Discrimination in Employment|§ 712. Enforcement provisions; powers of the Department; administrative process.

§ 712. Enforcement provisions; powers of the Department; administrative process. (a) The Department of Labor is empowered, as hereinafter provided, to prevent any person from engaging in any unlawful employment practice as set forth in §§ 711, 711A, 719A, 723 and 724 of this title. In connection with the performance of its duties, the Department may:  (1) Investigate employment practices by permitting the Department to enter any place of employment at reasonable times; inspect and copy records or documents in the possession of the employer, the employment agency or labor organization; administer oaths, certify to official acts, take and cause to be taken depositions of witnesses; issue subpoenas compelling the attendance and testimony of witnesses and the production of papers, books, accounts, payrolls, documents, and records; (2) Make, revise or rescind such rules or regulations necessary or appropriate to administer or enforce this chapter in accordance with the provisions of § 10161(b) of Title 29; (3) Commence civil actions in Superior Court for violations of this chapter, any published regulations or for civil penalties provided herein. (b) The Department shall have jurisdiction over all cases arising under this chapter, affording review and oversight of employment practices in Delaware. The Department shall endeavor to eliminate unlawful discrimination in employment through its administrative process set forth below. This subchapter shall afford the sole remedy for claims alleging a violation of this chapter to the exclusion of all other remedies. Upon termination of the administrative process by the Department, the charging party may institute a civil action in Superior Court of the State of Delaware pursuant to §§ 714 and 715 of this title. (c) The administrative process requires the following:  (1) Statute of limitation and filing procedure. — Any person claiming to be aggrieved by a violation of this chapter shall first file a charge of discrimination within 300 days of the alleged unlawful employment practice or its discovery, setting forth a concise statement of facts, in writing, verified and signed by the charging party. The Department shall serve a copy of the verified charge of discrimination upon the named respondent by certified mail. The respondent may file an answer within 20 days of its receipt, certifying that a copy of the answer was mailed to the charging party at the address provided. (2) Preliminary findings and recommendations. — The Department shall review the submissions within 60 days from the date of service upon the respondent and issue preliminary findings with recommendations. The preliminary findings may recommend:  a. Dismissing the charge unless additional information is received which warrants further investigation; b. Referring the case for mediation requiring the parties' appearance; or c. Referring the case for investigation. (3) Final determinations upon completion of investigation. — After investigation, the Department shall issue a determination of either “reasonable cause” or “no reasonable cause” to believe that a violation has occurred or is occurring. All cases resulting in a “reasonable cause” determination will require the parties to appear for compulsory conciliation. All cases resulting in a “no cause” determination will receive a corresponding Delaware Right to Sue Notice. (4) Confidentiality of the Department's process. — The Department shall not make public the charge of discrimination or information obtained during the investigation of a charge. This provision does not apply to disclosures made to the parties, their counsel, or witnesses where disclosure is deemed necessary or appropriate. Nothing said or done during and as a part of the mediation or conciliation efforts may be made public by the Department, its officers or employees or used by any party as evidence in a subsequent proceeding without the written consent of the persons concerned. (5) End of administrative process. — In all cases where the Department has dismissed the charge, issued a no cause determination or upon the parties failed conciliation efforts, the Department shall issue a Delaware Right to Sue Notice, acknowledging the Department's termination of the administrative process. Once the Department has issued its preliminary findings pursuant to paragraph (c)(2) of this section, the Department, in its discretion, may grant a Delaware Right to Sue Notice to a charging party.19 Del. C. 1953, §  712;  58 Del. Laws, c. 285;  66 Del. Laws, c. 337, §§  3, 4;  67 Del. Laws, c. 260, §  1;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 356;  79 Del. Laws, c. 181, §  2;  80 Del. Laws, c. 313, § 1;  81 Del. Laws, c. 399, § 2;