General Information
Title 2. Transportation. Part II. Transportation Department. Chapter 19. Transportation Networks.
§ 1917. No discrimination; accessibility
Title 6. Commerce and Trade. Subtitle II. Other Laws Relating to Commerce and Trade. Chapter 45. Equal Accommodations.
§ 4501 . Purpose and construction
§ 4502 . Definitions
§ 4503. Persons entitled to protection
§ 4504 . Unlawful practices
§ 4505 . Authority of the Commission; delegation
§ 4506 . Commission's power to adopt rules
§ 4507 . Education and conciliation
§ 4508 . Procedure on complaint
§ 4509 . Division's power to investigate compliance
§ 4510 . Compelling attendance of witnesses and production of documents, oaths, subpoenas
§ 4511 . Judicial review
§ 4512 . Enforcement by the Attorney General
§ 4513 . Criminal jurisdiction
Title 21. Motor Vehicles. Part III. Operation and Equipment. Chapter 41. Rules of the Road. Subchapter V. Pedestrians' Rights and Duties.
§ 4144. Drivers to exercise due care
Title 16. Health and Safety. Part II. Regulatory Provisions Concerning Public Health. Chapter 30F. Animal Welfare. Subchapter IV. General Provisions Concerning Dogs
§ 3042F. Fees for dog licenses; terms
§ 3056F. Unauthorized acts against a service dog; penalties
Title 16. Health and Safety. Part IX. Disabled and Partially Disabled Persons. Chapter 95. Delaware White Cane Law.
§ 9501 . Public policy; White Cane Day
§ 9502 . Rights and liabilities
§ 9503 . Rules of the road
§ 9504 . Enjoyment of public facilities
§ 9505 . Housing accommodations
§ 9506 . Violations
Title 31. Welfare. Part II. Welfare Agencies. Chapter 21. Delaware Commission for the Blind.
§ 2117 . Relating to the blind and "seeing eye dogs"; penalties. - § 2117. Repealed by 83 Laws 2022, ch. 460, § 1, eff. Oct. 14, 2022
Title 2. Transportation. Part II. Transportation Department. Chapter 19. Transportation Networks.
§ 1917. No discrimination; accessibility
(a) The TNC shall adopt a policy of nondiscrimination on the basis of destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, or gender identity with respect to riders and potential riders and notify TNC drivers of such policy.
(b) TNC drivers shall comply with all applicable laws regarding nondiscrimination against riders or potential riders on the basis of destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, or gender identity.
(c) TNC drivers shall comply with all applicable laws relating to accommodation of service animals.
(d) A TNC shall not impose additional charges for providing services to persons with physical disabilities because of those disabilities.
Credits
Added by 80 Laws 2016, ch. 374, § 1, eff. Aug. 10, 2016.
Title 31. Welfare. Part II. Welfare Agencies. Chapter 21. Delaware Commission for the Blind.
§ 2117 . Relating to the blind and "seeing eye dogs "; penalties. - § 2117. Repealed by 83 Laws 2022, ch. 460, § 1, eff. Oct. 14, 2022
Former text:
(a) Any person who by reason of loss or impairment of eyesight or hearing is accompanied by a dog described as a "seeing eye dog," or any dog educated by a recognized training agency or school, which is used as a leader or guide, is entitled to the full and equal accommodations, advantages, facilities and privileges of all public conveyances, hotels, lodging places, all places of public accommodation, amusement or resort and other places to which the general public is invited and shall be entitled to take the dog into such conveyances and places, subject only to the conditions and limitations applicable to all persons not so accompanied; provided, that the dog shall not occupy a seat in any public conveyance.
(b) Any person, firm or corporation who deprives any person suffering from such loss or impairment of eyesight or hearing of any right conferred by subsection (a) of this section shall be fined not more than $100, or be imprisoned for a period not exceeding 3 months, or both and for every such offense such person shall forfeit and pay a sum of not more than $100 to any person aggrieved thereby, to be recovered in any court of competent jurisdiction in the county where such offense was committed.
CREDIT(S)
57 Laws 1969, ch. 162; 64 Laws 1984, ch. 389, §§ 4, 5; 78 Laws 2011, ch. 179, § 346, eff. Aug. 17, 2011.
Title 21. Motor Vehicles. Part III. Operation and Equipment. Chapter 41. Rules of the Road. Subchapter V. Pedestrians' Rights and Duties.
§ 4144. Drivers to exercise due care Notwithstanding any other provisions of this chapter every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any obviously confused or incapacitated person, or a person wholly or partially blind, carrying a cane or walking stick white in color, or white tipped with red or accompanied by a guide dog upon a roadway
Credits
54 Laws 1963, ch. 160, § 1. Amended by 60 Laws 1976, ch. 701, § 32; 84 Laws 2023, ch. 233, § 49, eff. Sept. 21, 2023.
Codifications: 21 Del.C. 1953, § 4144.
Title 6. Commerce and Trade. Subtitle II. Other Laws Relating to Commerce and Trade. Chapter 45. Equal Accommodations.
§ 4501. Purpose and construction
This chapter is intended to prevent, in places of public accommodations, practices of discrimination against any person because of race, age, marital status, creed, religion, color, sex, disability, sexual orientation, gender identity, or national origin. This chapter shall be liberally construed to the end that the rights herein provided for all people, without regard to race, age, marital status, creed, religion, color, sex, disability, sexual orientation, gender identity, or national origin, may be effectively safeguarded. Furthermore, it is appropriate for the Commission to consult with, consider, and apply higher or more comprehensive obligations established by otherwise applicable federal, state, or local law in defining the scope or extent of any duty imposed by this chapter.
Credits
54 Laws 1963, ch. 181, § 1. Amended by 58 Laws 1971, ch. 133, § 1; 58 Laws 1972, ch. 386, § 1; 65 Laws 1986, ch. 377, § 1; 70 Laws 1996, ch. 350, § 1, eff. July 1, 1996; 75 Laws 2006, ch. 356, § 8, eff. July 6, 2006; 77 Laws 2009, ch. 90, § 1, eff. July 2, 2009; 79 Laws 2013, ch. 47, § 1, eff. June 19, 2013; 79 Laws 2014, ch. 371, § 4, eff. July 29, 2014; 81 Laws 2018, ch. 440, § 1, eff. Sept. 17, 2018; 83 Laws 2021, ch. 74, § 1, eff. June 30, 2021; 83 Laws 2022, ch. 450, § 1, eff. Oct. 10, 2022.
Codifications: 6 Del.C. 1953, § 4502.
§ 4502. Definitions
For purposes of this chapter:
(1) "Automatic door" shall mean a door equipped with a power-operated mechanism and controls that open and close the door automatically upon receipt of a momentary actuating signal. The switch that begins the automatic cycle may be a photoelectric device, floor mat, or manual switch.
(2) "Auxiliary aid or service" means a device or service that enables effective communication. Appropriate auxiliary aids and services may include services and devices such as qualified interpreters, assistive listening devices, notetakers, or written materials for individuals with hearing impairments; and qualified readers, taped texts, or brailled or large print materials for individuals with vision impairments.
(3) "Chairperson" means the Chairperson of the Delaware Human and Civil Rights Commission.
(4) "Commission" means the Delaware Human and Civil Rights Commission.
(5) "Complainant" means the person who files a complaint under § 4508 of this title.
(6) "Conciliation" means the attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations.
(7) "Conciliation agreement" means a written agreement setting forth the resolution of the issues in conciliation.
(8) "Disability" means any condition or characteristic that renders a person a person1 with a disability as defined in this section.
(9) "Discriminatory public accommodations practice" means an act that is unlawful under this chapter.
(10) "Division" means the Division of Human and Civil Rights.
(11) "Gender identity" means a gender-related identity, appearance, expression or behavior of a person, regardless of the person's assigned sex at birth.
(12) "Has a record of such impairment" means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits 1 or more major life activities.
(13) "Is regarded as having an impairment" means an individual that establishes that the individual subjected to an action prohibited under this chapter because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity.
(14) "Major life activities" includes caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. "Major life activities" also includes the operation of a major bodily function, including functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological brain, respiratory, circulatory, endocrine, and reproductive functions. Such impairment does not include impairments that are transitory and minor.
(15) "Marital status" means the legal relationship of parties as determined by the laws of marriage applicable to them or the absence of such a legal relationship.
(16) "Panel" means a group of 3 or more Commissioners appointed by the Chairperson to perform any task authorized by this chapter.
(17) "Panel chair" means that Commissioner serving on a panel who is designated by the Chairperson to serve as the Chairperson of the panel.
(18) "Person with a disability" means any person who satisfies any 1 of the following:
a. Has a physical or mental impairment which substantially limits 1 or more major life activities.
b. Has a record of such impairment.
c. Is regarded as having such an impairment.
(19) "Place of public accommodation" means any establishment which caters to or offers goods, services, facilities, privileges, advantages, or accommodations to, or solicits patronage from, the general public, including state agencies, local government agencies, public libraries, and state-funded agencies performing public functions. This definition includes hotels and motels catering to the transient public, but it does not apply to the sale or rental of houses, housing units, apartments, rooming houses, or other dwellings, nor to tourist homes with less than 10 rental units catering to the transient public.
(20) "Protective hairstyle" includes braids, locks, and twists.
(21) "Race" includes traits historically associated with race, including hair texture and a protective hairstyle.
(22) "Readily achievable" means easily accomplishable without much difficulty or expense. "Readily achievable" means that an action is not an undue burden as defined in this section.
(23) "Reasonable modification" means a change in policies, practices, or procedures when the modification is necessary to avoid discrimination on the basis of disability, unless the covered entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity.
(24) "Religion" includes all aspects of religious observance and practice, as well as belief.
(25) "Respondent" means a person who is alleged to have committed a discriminatory public accommodations practice.
(26) "Service animal" means a dog individually trained to do work or perform tasks for the benefit of a person with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.
(27) "Sexual orientation" includes heterosexuality, homosexuality, or bisexuality.
(28) "Special Administration Fund" means the Fund created pursuant to § 3005 of Title 31.
(29) "Transitory impairment" means an impairment with an actual or expected duration of 6 months or less.
(30) "Undue burden" means an action requiring significant difficulty or expense, when considered in light of all of the following factors:
a. The nature and cost of the action needed under this chapter.
b. The overall financial resources of the place of public accommodation involved in the action; the number of persons employed at the place of public accommodation; the effect on expenses and resources; legitimate safety requirements that are necessary for safe operation, including crime prevention measures; or the impact otherwise of the action upon the operation of the place of public accommodation.
c. The geographic separateness, and the administrative or fiscal relationship of the place of public accommodation in question to any parent corporation or ownership entity.
d. If applicable, the overall financial resources of any parent corporation or ownership entity; the overall size of the parent corporation or ownership entity with respect to the number of its employees; the number, type, and location of its facilities.
e. If applicable, the type of operation or operations of any parent corporation or ownership entity, including the composition, structure, and functions of the workforce of the parent corporation or ownership entity.
Credits
54 Laws 1963, ch. 181, § 1. Amended by 66 Laws 1987, ch. 68, § 1; 70 Laws 1996, ch. 350, § 1, eff. July 1, 1996; 75 Laws 2006, ch. 356, §§ 9, 11, 26, 28, eff. July 6, 2006; 77 Laws 2009, ch. 90, § 2, eff. July 2, 2009; 77 Laws 2010, ch. 346, § 1, eff. Jan. 1, 2011; 79 Laws 2013, ch. 47, §§ 2, 3, eff. June 19, 2013; 79 Laws 2014, ch. 371, § 5, eff. July 29, 2014; 81 Laws 2018, ch. 440, § 2, eff. Sept. 17, 2018; 83 Laws 2021, ch. 13, § 2, eff. April 13, 2021; 83 Laws 2021, ch. 74, § 2, eff. June 30, 2021; 83 Laws 2021, ch. 195, § 1, eff. Sept. 17, 2021; 83 Laws 2022, ch. 305, § 1, eff. June 14, 2022; 83 Laws 2022, ch. 450, § 2, eff. Oct. 10, 2022; 84 Laws 2024, ch. 385, § 1, eff. Aug. 29, 2024.
Codifications: 6 Del.C. 1953, § 4501
Footnotes
1 So in original.
§ 4503. Persons entitled to protection
All persons within the jurisdiction of this State are entitled to the full and equal accommodations, facilities, advantages and privileges of any place of public accommodation regardless of the race, age, marital status, creed, religion, color, sex, disability, sexual orientation, gender identity, or national origin of such persons.
Credits
54 Laws 1963, ch. 181, § 1. Amended by 58 Laws 1971, ch. 133, § 1; 58 Laws 1972, ch. 386, § 1; 65 Laws 1986, ch. 377, § 2; 70 Laws 1996, ch. 350, § 1, eff. July 1, 1996; 77 Laws 2009, ch. 90, § 3, eff. July 2, 2009; 79 Laws 2013, ch. 47, § 4, eff. June 19, 2013; 83 Laws 2021, ch. 74, § 3, eff. June 30, 2021; 83 Laws 2022, ch. 450, § 3, eff. Oct. 10, 2022.
Codifications: 6 Del.C. 1953, § 4503.
§ 4504. Unlawful practices
(a)(1) a. No person being the owner, lessee, proprietor, manager, director, supervisor, superintendent, agent, or employee of any place of public accommodation, may directly or indirectly refuse, withhold from, or deny to any person, on account of race, age, marital status, creed, religion, color, sex, disability, sexual orientation, gender identity, or national origin, any of the accommodations, facilities, advantages, or privileges of the public accommodation.
b. A person who does not allow parking by a holder of a special license plate or permit for persons with disabilities as allowed under § 2134 through § 2135 of Title 21 is engaged in an unlawful practice under this chapter.
(2) A place of public accommodation may provide reasonable accommodations based on gender identity in areas of facilities where disrobing is likely, such as locker rooms or other changing facilities, which reasonable accommodations may include a separate or private place for the use of persons whose gender-related identity, appearance or expression is different from their assigned sex at birth, provided that such reasonable accommodations are not inconsistent with the gender-related identity of such persons.
(3) A place of public accommodation must permit service animals as follows:
a. An individual with a disability accompanied by a service animal in any place of public accommodation.
b. An individual training a service animal to be used by persons with disabilities accompanied by a service animal in any place of public accommodation.
(4) Except as provided under paragraph (a)(6) of this section, it is a violation of paragraph (a)(1)a. of this section for a person to do any of the following:
a. To impose or apply eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation, unless the criteria can be shown to be necessary for the provision of the goods, services, facilities, privileges, advantages, or accommodations being offered.
b. To fail to make reasonable modifications in policies, practices, or procedures to afford goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless the place of public accommodation can demonstrate that making the modifications would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations.
c. To fail to take measures that may be necessary to ensure that no individual with a disability is excluded, denied services, segregated, or otherwise treated differently than other individuals because of the absence of auxiliary aids and services, unless the place of public accommodation can demonstrate that taking the steps would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations being offered or would result in an undue burden.
d. 1. To fail to remove architectural barriers and communication barriers that are structural in nature, where such removal is readily achievable, in existing facilities,
2. Where a place of public accommodation can demonstrate that the removal of a barrier under paragraph (a)(4)d.1. of this section is not readily achievable, to fail to make goods, services, facilities, privileges, advantages, or accommodations available through alternative methods if such methods are readily achievable.
(5) Nothing in paragraph (a)(4) of this section may be construed to require either of the following:
a. An individual with a disability to accept an accommodation, modification, aid, service, opportunity, or benefit that the individual chooses not to accept.
b. A place of public accommodation to provide individuals with disabilities with personal devices, such as wheelchairs, eyeglasses, hearing aids, or readers for personal use or study, or personal services to assist with feeding, toileting, or dressing.
(6) Paragraph (a)(4) of this section does not apply to religious organizations or entities controlled by religious organizations, including places of worship.
(b)(1) No person, being the owner, lessee, proprietor, manager, superintendent, agent, or employee of any place of public accommodation, shall directly or indirectly publish, issue, circulate, post, or display any written, typewritten, mimeographed, printed, television, Internet, or radio communications notice or advertisement to the effect that any of the accommodations, facilities, advantages, and privileges of any place of public accommodation shall be refused, withheld from or denied to any person on account of race, age, marital status, creed, religion, color, sex, disability, sexual orientation, gender identity, or national origin, or that the patronage or custom thereat of any person belonging to or purporting to be appearing to be of any particular race, age, marital status, creed, religion, color, sex, disability, sexual orientation, gender identity, or national origin is unlawful, objectionable, or not acceptable, desired, accommodated, or solicited, or that the patronage of persons of any particular race, age, marital status, creed, religion, color, sex, disability, sexual orientation, gender identity, or national origin is preferred or is particularly welcomed, desired, or solicited.
(2) A sign that prohibits parking by a holder of a special license plate or permit for persons with disabilities as allowed under § 2134 through § 2135 of Title 21 is a violation under paragraph (b)(1) of this section.
(c) It is unlawful to assist, induce, incite, or coerce another person to commit any discriminatory public accommodations practice prohibited under subsection (a) or (b) of this section.
(d) Requirements for newly constructed places of public accommodation.--All buildings which are constructed after January 1, 2011, and intended for use as places of public accommodation (as defined in § 4502 of this title), must be equipped with an automatic door or calling device at each entrance that is intended to be a main entrance accessible by members of the general public. For purposes of this subsection, a calling device shall mean any device that allows a person with a disability to request assistance with entry meeting the following minimum specifications:
(1) The device must provide a recognizable signal inside the place of public accommodation;
(2) The device must be capable of being operated using only 1 hand or limb;
(3) The device must have at least 1 sign next to it which identifies the device and how to use it; and
(4) The device must be capable of being operated in accordance with all requirements of the Americans with Disabilities Act [42 U.S.C. § 12101 et seq.] Accessibility Guidelines.
(e) Nothing in this section may be interpreted as an abrogation of any requirements otherwise imposed by applicable federal or state laws or regulations. If federal or state law provide additional rights to members of a protected class or requirements for a place of public accommodation, this section must be interpreted as providing that right or requirement.
(f) A person, being the owner, lessee, proprietor, manager, director, supervisor, superintendent, agent, or employee of any place of public accommodation, may not engage in an act or practice that is unlawful under subsections (a) through (d) of this section or otherwise retaliate against an individual because the individual has done 1 of the following:
(1) Opposed an act or practice that is unlawful under subsections (a) through (d) of this section.
(2) Made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing to enforce subsections (a) through (d) of this section.
(g) A place of public accommodation may not deny a request by an individual with a disability for a reasonable modification or for auxiliary aids or services solely because the individual did not use the exact terms under this chapter when making the request, such as by requesting a "reasonable accommodation" or for the auxiliary aid or service.
Credits
54 Laws 1963, ch. 181, § 1. Amended by 58 Laws 1971, ch. 133, § 1; 58 Laws 1972, ch. 386, § 1; 65 Laws 1986, ch. 377, § 3; 66 Laws 1987, ch. 68, § 1; 70 Laws 1996, ch. 350, § 1, eff. July 1, 1996; 75 Laws 2006, ch. 356, §§ 10, 28, eff. July 6, 2006; 77 Laws 2009, ch. 90, § 4, eff. July 2, 2009; 77 Laws 2010, ch. 346, §§ 2, 4, eff. Jan. 1, 2011; 79 Laws 2013, ch. 47, § 5, eff. June 19, 2013; 81 Laws 2018, ch. 440, § 3, eff. Sept. 17, 2018; 82 Laws 2019, ch. 209, § 1, eff. Aug. 20, 2019; 83 Laws 2021, ch. 74, § 4, eff. June 30, 2021; 83 Laws 2021, ch. 160, § 1, eff. Sept. 15, 2021; 83 Laws 2022, ch. 450, § 4, eff. Oct. 10, 2022.
Codifications: 6 Del.C. 1953, § 4504
§ 4505. Authority of the Commission; delegation
(a) The Commission shall implement the provisions of this chapter not expressly vested in another entity.
(b) The Commission may delegate, to a panel of its members, any power, duty, or function vested in it by this chapter. No panel to which any power, duty, or function of the Commission is delegated shall consist of fewer than 3 members of the Commission.
(c) The Commission may delegate, to the Division, any power, duty, or function vested in it by this chapter unless the delegation is expressly prohibited. If the Commission delegates to the Division a power, duty, or function vested in it by this chapter, the delegation shall specifically state the power, duty, or function being delegated.
(d) The Commission shall not delegate its power or duty to conduct public hearings or order relief to the Division.
Credits
70 Laws 1996, ch. 350, § 1, eff. July 1, 1996. Amended by 75 Laws 2006, ch. 356, § 12, eff. July 6, 2006; 83 Laws 2022, ch. 305, § 2, eff. June 14, 2022.
§ 4506. Commission's power to adopt rules
The Commission shall have the power in accordance with the Administrative Procedures Act in Title 29 to adopt rules and regulations concerning the manner in which complaints shall be investigated or other investigations pursuant to this chapter shall be conducted, the manner in which public hearings shall be conducted, the general form and content of agreements and orders provided for in this chapter and such other rules as the Commission shall consider appropriate to assist it in performing its duties and in carrying out the purposes of this chapter. Such rules and regulations shall have the force and effect of law.
CREDIT(S)
54 Laws 1963, ch. 181, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 70 Laws 1995, ch. 350, § 1, eff. July 1, 1996.
§ 4507. Education and conciliation
(a) The Commission may commence such educational activities as, in its judgment, will further the purposes of this chapter. It may hold conferences for persons in the business industry and other interested parties to acquaint them with the provisions of this chapter and its suggested means of implementing it. The Commission may issue reports on such conferences as it deems appropriate.
(b) The Division may commence such conciliatory activities in order to further the purposes of this chapter. It may call conferences of persons in the business industry and other interested parties to acquaint them with the provisions of this chapter governing conciliation and the means it employs to implement those provisions. It shall endeavor, with their advice, to develop programs of voluntary compliance and enforcement. The Division may issue reports on such conferences as it deems appropriate.
(c) When undertaking their respective duties under this section, the Commission and the Division may consult with state and local officials and other interested parties to learn the extent, if any, to which discriminatory public accommodations practices exist in the State or locality, and whether and how state or local enforcement programs might be utilized to combat such discrimination. The Commission may issue reports on such consultations as it deems appropriate.
CREDIT(S)
70 Laws 1995, ch. 350, § 1, eff. July 1, 1996; 75 Laws 2006, ch. 356, § 13, eff. July 6, 2006.
§ 4508. Procedure on complaint
(a) An individual who believes they have been aggrieved by a discriminatory public accommodation practice prohibited under § 4504 of this title may file a written complaint with the Division. A complaint under this chapter may be filed by the individual or by the individual's attorney and must include all of the following:
(1) The individual's name and address.
(2) The name and location of the place of public accommodation at which the discriminatory public accommodation practice occurred, and the date, time, and an explanation of the discriminatory practice.
(3) If known, the name and address of each respondent and, if different, the name of the owner, lessee, proprietor, manager, or superintendent of the place of public accommodation.
(4) All other information as the Division requires.
(b) A complaint must be filed with the Division no more than 180 days after the occurrence of the alleged discriminatory public accommodation practice.
(c)(1) Within 120 days after the complaint is filed, the Division shall investigate the complaint and endeavor to eliminate any unlawful discriminatory practice discovered during the investigation, using conciliation.
a. When investigating a complaint, the Division shall apply the requirements of this chapter in a manner consistent with equivalent requirements under federal laws.
b. Insofar as possible, conciliation meetings shall be held in the county where the alleged discriminatory public accommodations practice occurred.
(2) If the matter is resolved through conciliation, the parties shall enter a conciliation agreement stating the terms of the resolution of the matter.
(3) If the Division determines that the allegations in the complaint do not state a claim for which relief is available under this chapter or that the claim is not within the scope of the Division's jurisdiction, it may petition the Commission, with notice to the complainant, to dismiss the complaint. A notice under this paragraph (c)(3) must include, with specificity, the reasons for the Division's determination.
(d) Whenever the Division has reasonable cause to believe that a respondent has breached a conciliation agreement, the Division shall refer the matter to the Attorney General with a recommendation that a civil action be filed under § 4512 of this title for the enforcement of such agreement.
(e) If a complaint cannot be resolved through conciliation under subsection (c) of this section, the Commission shall appoint a panel to hold a public hearing within 60 days after the expiration of 120-day period for investigation and conciliation. The deadlines provided under subsection (c) of this section and this subsection may be extended by the Chairperson or the Panel Chair at the request of any party or an employee of the Commission upon a showing of good cause.
(f)(1) Public hearings must be conducted in accordance with rules prescribed by the Commission. Each party may appear in person, be represented by counsel, present evidence, cross-examine witnesses, and obtain the issuance of subpoenas under § 4510 of this title. The Delaware Rules of Evidence apply to the presentation of evidence in a public hearing as they would in an administrative hearing conducted in accordance with subchapter III of the Administrative Procedures Act in Title 29 (subchapter III of Chapter 101 of Title 29).
(2) a. The Commission shall keep a record of all public hearings and shall provide a transcript of a hearing, at cost upon request of a party.
b. A party may apply to the Commission to waive the cost of a transcript. The Commission may waive all or part of the cost of the transcript if the party meets the criteria to proceed in forma pauperis in the Superior Court.
§ 1917. No discrimination; accessibility
Title 6. Commerce and Trade. Subtitle II. Other Laws Relating to Commerce and Trade. Chapter 45. Equal Accommodations.
§ 4501 . Purpose and construction
§ 4502 . Definitions
§ 4503. Persons entitled to protection
§ 4504 . Unlawful practices
§ 4505 . Authority of the Commission; delegation
§ 4506 . Commission's power to adopt rules
§ 4507 . Education and conciliation
§ 4508 . Procedure on complaint
§ 4509 . Division's power to investigate compliance
§ 4510 . Compelling attendance of witnesses and production of documents, oaths, subpoenas
§ 4511 . Judicial review
§ 4512 . Enforcement by the Attorney General
§ 4513 . Criminal jurisdiction
Title 21. Motor Vehicles. Part III. Operation and Equipment. Chapter 41. Rules of the Road. Subchapter V. Pedestrians' Rights and Duties.
§ 4144. Drivers to exercise due care
Title 16. Health and Safety. Part II. Regulatory Provisions Concerning Public Health. Chapter 30F. Animal Welfare. Subchapter IV. General Provisions Concerning Dogs
§ 3042F. Fees for dog licenses; terms
§ 3056F. Unauthorized acts against a service dog; penalties
Title 16. Health and Safety. Part IX. Disabled and Partially Disabled Persons. Chapter 95. Delaware White Cane Law.
§ 9501 . Public policy; White Cane Day
§ 9502 . Rights and liabilities
§ 9503 . Rules of the road
§ 9504 . Enjoyment of public facilities
§ 9505 . Housing accommodations
§ 9506 . Violations
Title 31. Welfare. Part II. Welfare Agencies. Chapter 21. Delaware Commission for the Blind.
§ 2117 . Relating to the blind and "seeing eye dogs"; penalties. - § 2117. Repealed by 83 Laws 2022, ch. 460, § 1, eff. Oct. 14, 2022
Title 2. Transportation. Part II. Transportation Department. Chapter 19. Transportation Networks.
§ 1917. No discrimination; accessibility
(a) The TNC shall adopt a policy of nondiscrimination on the basis of destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, or gender identity with respect to riders and potential riders and notify TNC drivers of such policy.
(b) TNC drivers shall comply with all applicable laws regarding nondiscrimination against riders or potential riders on the basis of destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, or gender identity.
(c) TNC drivers shall comply with all applicable laws relating to accommodation of service animals.
(d) A TNC shall not impose additional charges for providing services to persons with physical disabilities because of those disabilities.
Credits
Added by 80 Laws 2016, ch. 374, § 1, eff. Aug. 10, 2016.
Title 31. Welfare. Part II. Welfare Agencies. Chapter 21. Delaware Commission for the Blind.
§ 2117 . Relating to the blind and "seeing eye dogs "; penalties. - § 2117. Repealed by 83 Laws 2022, ch. 460, § 1, eff. Oct. 14, 2022
Former text:
(a) Any person who by reason of loss or impairment of eyesight or hearing is accompanied by a dog described as a "seeing eye dog," or any dog educated by a recognized training agency or school, which is used as a leader or guide, is entitled to the full and equal accommodations, advantages, facilities and privileges of all public conveyances, hotels, lodging places, all places of public accommodation, amusement or resort and other places to which the general public is invited and shall be entitled to take the dog into such conveyances and places, subject only to the conditions and limitations applicable to all persons not so accompanied; provided, that the dog shall not occupy a seat in any public conveyance.
(b) Any person, firm or corporation who deprives any person suffering from such loss or impairment of eyesight or hearing of any right conferred by subsection (a) of this section shall be fined not more than $100, or be imprisoned for a period not exceeding 3 months, or both and for every such offense such person shall forfeit and pay a sum of not more than $100 to any person aggrieved thereby, to be recovered in any court of competent jurisdiction in the county where such offense was committed.
CREDIT(S)
57 Laws 1969, ch. 162; 64 Laws 1984, ch. 389, §§ 4, 5; 78 Laws 2011, ch. 179, § 346, eff. Aug. 17, 2011.
Title 21. Motor Vehicles. Part III. Operation and Equipment. Chapter 41. Rules of the Road. Subchapter V. Pedestrians' Rights and Duties.
§ 4144. Drivers to exercise due care Notwithstanding any other provisions of this chapter every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any obviously confused or incapacitated person, or a person wholly or partially blind, carrying a cane or walking stick white in color, or white tipped with red or accompanied by a guide dog upon a roadway
Credits
54 Laws 1963, ch. 160, § 1. Amended by 60 Laws 1976, ch. 701, § 32; 84 Laws 2023, ch. 233, § 49, eff. Sept. 21, 2023.
Codifications: 21 Del.C. 1953, § 4144.
Title 6. Commerce and Trade. Subtitle II. Other Laws Relating to Commerce and Trade. Chapter 45. Equal Accommodations.
§ 4501. Purpose and construction
This chapter is intended to prevent, in places of public accommodations, practices of discrimination against any person because of race, age, marital status, creed, religion, color, sex, disability, sexual orientation, gender identity, or national origin. This chapter shall be liberally construed to the end that the rights herein provided for all people, without regard to race, age, marital status, creed, religion, color, sex, disability, sexual orientation, gender identity, or national origin, may be effectively safeguarded. Furthermore, it is appropriate for the Commission to consult with, consider, and apply higher or more comprehensive obligations established by otherwise applicable federal, state, or local law in defining the scope or extent of any duty imposed by this chapter.
Credits
54 Laws 1963, ch. 181, § 1. Amended by 58 Laws 1971, ch. 133, § 1; 58 Laws 1972, ch. 386, § 1; 65 Laws 1986, ch. 377, § 1; 70 Laws 1996, ch. 350, § 1, eff. July 1, 1996; 75 Laws 2006, ch. 356, § 8, eff. July 6, 2006; 77 Laws 2009, ch. 90, § 1, eff. July 2, 2009; 79 Laws 2013, ch. 47, § 1, eff. June 19, 2013; 79 Laws 2014, ch. 371, § 4, eff. July 29, 2014; 81 Laws 2018, ch. 440, § 1, eff. Sept. 17, 2018; 83 Laws 2021, ch. 74, § 1, eff. June 30, 2021; 83 Laws 2022, ch. 450, § 1, eff. Oct. 10, 2022.
Codifications: 6 Del.C. 1953, § 4502.
§ 4502. Definitions
For purposes of this chapter:
(1) "Automatic door" shall mean a door equipped with a power-operated mechanism and controls that open and close the door automatically upon receipt of a momentary actuating signal. The switch that begins the automatic cycle may be a photoelectric device, floor mat, or manual switch.
(2) "Auxiliary aid or service" means a device or service that enables effective communication. Appropriate auxiliary aids and services may include services and devices such as qualified interpreters, assistive listening devices, notetakers, or written materials for individuals with hearing impairments; and qualified readers, taped texts, or brailled or large print materials for individuals with vision impairments.
(3) "Chairperson" means the Chairperson of the Delaware Human and Civil Rights Commission.
(4) "Commission" means the Delaware Human and Civil Rights Commission.
(5) "Complainant" means the person who files a complaint under § 4508 of this title.
(6) "Conciliation" means the attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations.
(7) "Conciliation agreement" means a written agreement setting forth the resolution of the issues in conciliation.
(8) "Disability" means any condition or characteristic that renders a person a person1 with a disability as defined in this section.
(9) "Discriminatory public accommodations practice" means an act that is unlawful under this chapter.
(10) "Division" means the Division of Human and Civil Rights.
(11) "Gender identity" means a gender-related identity, appearance, expression or behavior of a person, regardless of the person's assigned sex at birth.
(12) "Has a record of such impairment" means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits 1 or more major life activities.
(13) "Is regarded as having an impairment" means an individual that establishes that the individual subjected to an action prohibited under this chapter because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity.
(14) "Major life activities" includes caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. "Major life activities" also includes the operation of a major bodily function, including functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological brain, respiratory, circulatory, endocrine, and reproductive functions. Such impairment does not include impairments that are transitory and minor.
(15) "Marital status" means the legal relationship of parties as determined by the laws of marriage applicable to them or the absence of such a legal relationship.
(16) "Panel" means a group of 3 or more Commissioners appointed by the Chairperson to perform any task authorized by this chapter.
(17) "Panel chair" means that Commissioner serving on a panel who is designated by the Chairperson to serve as the Chairperson of the panel.
(18) "Person with a disability" means any person who satisfies any 1 of the following:
a. Has a physical or mental impairment which substantially limits 1 or more major life activities.
b. Has a record of such impairment.
c. Is regarded as having such an impairment.
(19) "Place of public accommodation" means any establishment which caters to or offers goods, services, facilities, privileges, advantages, or accommodations to, or solicits patronage from, the general public, including state agencies, local government agencies, public libraries, and state-funded agencies performing public functions. This definition includes hotels and motels catering to the transient public, but it does not apply to the sale or rental of houses, housing units, apartments, rooming houses, or other dwellings, nor to tourist homes with less than 10 rental units catering to the transient public.
(20) "Protective hairstyle" includes braids, locks, and twists.
(21) "Race" includes traits historically associated with race, including hair texture and a protective hairstyle.
(22) "Readily achievable" means easily accomplishable without much difficulty or expense. "Readily achievable" means that an action is not an undue burden as defined in this section.
(23) "Reasonable modification" means a change in policies, practices, or procedures when the modification is necessary to avoid discrimination on the basis of disability, unless the covered entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity.
(24) "Religion" includes all aspects of religious observance and practice, as well as belief.
(25) "Respondent" means a person who is alleged to have committed a discriminatory public accommodations practice.
(26) "Service animal" means a dog individually trained to do work or perform tasks for the benefit of a person with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.
(27) "Sexual orientation" includes heterosexuality, homosexuality, or bisexuality.
(28) "Special Administration Fund" means the Fund created pursuant to § 3005 of Title 31.
(29) "Transitory impairment" means an impairment with an actual or expected duration of 6 months or less.
(30) "Undue burden" means an action requiring significant difficulty or expense, when considered in light of all of the following factors:
a. The nature and cost of the action needed under this chapter.
b. The overall financial resources of the place of public accommodation involved in the action; the number of persons employed at the place of public accommodation; the effect on expenses and resources; legitimate safety requirements that are necessary for safe operation, including crime prevention measures; or the impact otherwise of the action upon the operation of the place of public accommodation.
c. The geographic separateness, and the administrative or fiscal relationship of the place of public accommodation in question to any parent corporation or ownership entity.
d. If applicable, the overall financial resources of any parent corporation or ownership entity; the overall size of the parent corporation or ownership entity with respect to the number of its employees; the number, type, and location of its facilities.
e. If applicable, the type of operation or operations of any parent corporation or ownership entity, including the composition, structure, and functions of the workforce of the parent corporation or ownership entity.
Credits
54 Laws 1963, ch. 181, § 1. Amended by 66 Laws 1987, ch. 68, § 1; 70 Laws 1996, ch. 350, § 1, eff. July 1, 1996; 75 Laws 2006, ch. 356, §§ 9, 11, 26, 28, eff. July 6, 2006; 77 Laws 2009, ch. 90, § 2, eff. July 2, 2009; 77 Laws 2010, ch. 346, § 1, eff. Jan. 1, 2011; 79 Laws 2013, ch. 47, §§ 2, 3, eff. June 19, 2013; 79 Laws 2014, ch. 371, § 5, eff. July 29, 2014; 81 Laws 2018, ch. 440, § 2, eff. Sept. 17, 2018; 83 Laws 2021, ch. 13, § 2, eff. April 13, 2021; 83 Laws 2021, ch. 74, § 2, eff. June 30, 2021; 83 Laws 2021, ch. 195, § 1, eff. Sept. 17, 2021; 83 Laws 2022, ch. 305, § 1, eff. June 14, 2022; 83 Laws 2022, ch. 450, § 2, eff. Oct. 10, 2022; 84 Laws 2024, ch. 385, § 1, eff. Aug. 29, 2024.
Codifications: 6 Del.C. 1953, § 4501
Footnotes
1 So in original.
§ 4503. Persons entitled to protection
All persons within the jurisdiction of this State are entitled to the full and equal accommodations, facilities, advantages and privileges of any place of public accommodation regardless of the race, age, marital status, creed, religion, color, sex, disability, sexual orientation, gender identity, or national origin of such persons.
Credits
54 Laws 1963, ch. 181, § 1. Amended by 58 Laws 1971, ch. 133, § 1; 58 Laws 1972, ch. 386, § 1; 65 Laws 1986, ch. 377, § 2; 70 Laws 1996, ch. 350, § 1, eff. July 1, 1996; 77 Laws 2009, ch. 90, § 3, eff. July 2, 2009; 79 Laws 2013, ch. 47, § 4, eff. June 19, 2013; 83 Laws 2021, ch. 74, § 3, eff. June 30, 2021; 83 Laws 2022, ch. 450, § 3, eff. Oct. 10, 2022.
Codifications: 6 Del.C. 1953, § 4503.
§ 4504. Unlawful practices
(a)(1) a. No person being the owner, lessee, proprietor, manager, director, supervisor, superintendent, agent, or employee of any place of public accommodation, may directly or indirectly refuse, withhold from, or deny to any person, on account of race, age, marital status, creed, religion, color, sex, disability, sexual orientation, gender identity, or national origin, any of the accommodations, facilities, advantages, or privileges of the public accommodation.
b. A person who does not allow parking by a holder of a special license plate or permit for persons with disabilities as allowed under § 2134 through § 2135 of Title 21 is engaged in an unlawful practice under this chapter.
(2) A place of public accommodation may provide reasonable accommodations based on gender identity in areas of facilities where disrobing is likely, such as locker rooms or other changing facilities, which reasonable accommodations may include a separate or private place for the use of persons whose gender-related identity, appearance or expression is different from their assigned sex at birth, provided that such reasonable accommodations are not inconsistent with the gender-related identity of such persons.
(3) A place of public accommodation must permit service animals as follows:
a. An individual with a disability accompanied by a service animal in any place of public accommodation.
b. An individual training a service animal to be used by persons with disabilities accompanied by a service animal in any place of public accommodation.
(4) Except as provided under paragraph (a)(6) of this section, it is a violation of paragraph (a)(1)a. of this section for a person to do any of the following:
a. To impose or apply eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation, unless the criteria can be shown to be necessary for the provision of the goods, services, facilities, privileges, advantages, or accommodations being offered.
b. To fail to make reasonable modifications in policies, practices, or procedures to afford goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless the place of public accommodation can demonstrate that making the modifications would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations.
c. To fail to take measures that may be necessary to ensure that no individual with a disability is excluded, denied services, segregated, or otherwise treated differently than other individuals because of the absence of auxiliary aids and services, unless the place of public accommodation can demonstrate that taking the steps would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations being offered or would result in an undue burden.
d. 1. To fail to remove architectural barriers and communication barriers that are structural in nature, where such removal is readily achievable, in existing facilities,
2. Where a place of public accommodation can demonstrate that the removal of a barrier under paragraph (a)(4)d.1. of this section is not readily achievable, to fail to make goods, services, facilities, privileges, advantages, or accommodations available through alternative methods if such methods are readily achievable.
(5) Nothing in paragraph (a)(4) of this section may be construed to require either of the following:
a. An individual with a disability to accept an accommodation, modification, aid, service, opportunity, or benefit that the individual chooses not to accept.
b. A place of public accommodation to provide individuals with disabilities with personal devices, such as wheelchairs, eyeglasses, hearing aids, or readers for personal use or study, or personal services to assist with feeding, toileting, or dressing.
(6) Paragraph (a)(4) of this section does not apply to religious organizations or entities controlled by religious organizations, including places of worship.
(b)(1) No person, being the owner, lessee, proprietor, manager, superintendent, agent, or employee of any place of public accommodation, shall directly or indirectly publish, issue, circulate, post, or display any written, typewritten, mimeographed, printed, television, Internet, or radio communications notice or advertisement to the effect that any of the accommodations, facilities, advantages, and privileges of any place of public accommodation shall be refused, withheld from or denied to any person on account of race, age, marital status, creed, religion, color, sex, disability, sexual orientation, gender identity, or national origin, or that the patronage or custom thereat of any person belonging to or purporting to be appearing to be of any particular race, age, marital status, creed, religion, color, sex, disability, sexual orientation, gender identity, or national origin is unlawful, objectionable, or not acceptable, desired, accommodated, or solicited, or that the patronage of persons of any particular race, age, marital status, creed, religion, color, sex, disability, sexual orientation, gender identity, or national origin is preferred or is particularly welcomed, desired, or solicited.
(2) A sign that prohibits parking by a holder of a special license plate or permit for persons with disabilities as allowed under § 2134 through § 2135 of Title 21 is a violation under paragraph (b)(1) of this section.
(c) It is unlawful to assist, induce, incite, or coerce another person to commit any discriminatory public accommodations practice prohibited under subsection (a) or (b) of this section.
(d) Requirements for newly constructed places of public accommodation.--All buildings which are constructed after January 1, 2011, and intended for use as places of public accommodation (as defined in § 4502 of this title), must be equipped with an automatic door or calling device at each entrance that is intended to be a main entrance accessible by members of the general public. For purposes of this subsection, a calling device shall mean any device that allows a person with a disability to request assistance with entry meeting the following minimum specifications:
(1) The device must provide a recognizable signal inside the place of public accommodation;
(2) The device must be capable of being operated using only 1 hand or limb;
(3) The device must have at least 1 sign next to it which identifies the device and how to use it; and
(4) The device must be capable of being operated in accordance with all requirements of the Americans with Disabilities Act [42 U.S.C. § 12101 et seq.] Accessibility Guidelines.
(e) Nothing in this section may be interpreted as an abrogation of any requirements otherwise imposed by applicable federal or state laws or regulations. If federal or state law provide additional rights to members of a protected class or requirements for a place of public accommodation, this section must be interpreted as providing that right or requirement.
(f) A person, being the owner, lessee, proprietor, manager, director, supervisor, superintendent, agent, or employee of any place of public accommodation, may not engage in an act or practice that is unlawful under subsections (a) through (d) of this section or otherwise retaliate against an individual because the individual has done 1 of the following:
(1) Opposed an act or practice that is unlawful under subsections (a) through (d) of this section.
(2) Made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing to enforce subsections (a) through (d) of this section.
(g) A place of public accommodation may not deny a request by an individual with a disability for a reasonable modification or for auxiliary aids or services solely because the individual did not use the exact terms under this chapter when making the request, such as by requesting a "reasonable accommodation" or for the auxiliary aid or service.
Credits
54 Laws 1963, ch. 181, § 1. Amended by 58 Laws 1971, ch. 133, § 1; 58 Laws 1972, ch. 386, § 1; 65 Laws 1986, ch. 377, § 3; 66 Laws 1987, ch. 68, § 1; 70 Laws 1996, ch. 350, § 1, eff. July 1, 1996; 75 Laws 2006, ch. 356, §§ 10, 28, eff. July 6, 2006; 77 Laws 2009, ch. 90, § 4, eff. July 2, 2009; 77 Laws 2010, ch. 346, §§ 2, 4, eff. Jan. 1, 2011; 79 Laws 2013, ch. 47, § 5, eff. June 19, 2013; 81 Laws 2018, ch. 440, § 3, eff. Sept. 17, 2018; 82 Laws 2019, ch. 209, § 1, eff. Aug. 20, 2019; 83 Laws 2021, ch. 74, § 4, eff. June 30, 2021; 83 Laws 2021, ch. 160, § 1, eff. Sept. 15, 2021; 83 Laws 2022, ch. 450, § 4, eff. Oct. 10, 2022.
Codifications: 6 Del.C. 1953, § 4504
§ 4505. Authority of the Commission; delegation
(a) The Commission shall implement the provisions of this chapter not expressly vested in another entity.
(b) The Commission may delegate, to a panel of its members, any power, duty, or function vested in it by this chapter. No panel to which any power, duty, or function of the Commission is delegated shall consist of fewer than 3 members of the Commission.
(c) The Commission may delegate, to the Division, any power, duty, or function vested in it by this chapter unless the delegation is expressly prohibited. If the Commission delegates to the Division a power, duty, or function vested in it by this chapter, the delegation shall specifically state the power, duty, or function being delegated.
(d) The Commission shall not delegate its power or duty to conduct public hearings or order relief to the Division.
Credits
70 Laws 1996, ch. 350, § 1, eff. July 1, 1996. Amended by 75 Laws 2006, ch. 356, § 12, eff. July 6, 2006; 83 Laws 2022, ch. 305, § 2, eff. June 14, 2022.
§ 4506. Commission's power to adopt rules
The Commission shall have the power in accordance with the Administrative Procedures Act in Title 29 to adopt rules and regulations concerning the manner in which complaints shall be investigated or other investigations pursuant to this chapter shall be conducted, the manner in which public hearings shall be conducted, the general form and content of agreements and orders provided for in this chapter and such other rules as the Commission shall consider appropriate to assist it in performing its duties and in carrying out the purposes of this chapter. Such rules and regulations shall have the force and effect of law.
CREDIT(S)
54 Laws 1963, ch. 181, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 70 Laws 1995, ch. 350, § 1, eff. July 1, 1996.
§ 4507. Education and conciliation
(a) The Commission may commence such educational activities as, in its judgment, will further the purposes of this chapter. It may hold conferences for persons in the business industry and other interested parties to acquaint them with the provisions of this chapter and its suggested means of implementing it. The Commission may issue reports on such conferences as it deems appropriate.
(b) The Division may commence such conciliatory activities in order to further the purposes of this chapter. It may call conferences of persons in the business industry and other interested parties to acquaint them with the provisions of this chapter governing conciliation and the means it employs to implement those provisions. It shall endeavor, with their advice, to develop programs of voluntary compliance and enforcement. The Division may issue reports on such conferences as it deems appropriate.
(c) When undertaking their respective duties under this section, the Commission and the Division may consult with state and local officials and other interested parties to learn the extent, if any, to which discriminatory public accommodations practices exist in the State or locality, and whether and how state or local enforcement programs might be utilized to combat such discrimination. The Commission may issue reports on such consultations as it deems appropriate.
CREDIT(S)
70 Laws 1995, ch. 350, § 1, eff. July 1, 1996; 75 Laws 2006, ch. 356, § 13, eff. July 6, 2006.
§ 4508. Procedure on complaint
(a) An individual who believes they have been aggrieved by a discriminatory public accommodation practice prohibited under § 4504 of this title may file a written complaint with the Division. A complaint under this chapter may be filed by the individual or by the individual's attorney and must include all of the following:
(1) The individual's name and address.
(2) The name and location of the place of public accommodation at which the discriminatory public accommodation practice occurred, and the date, time, and an explanation of the discriminatory practice.
(3) If known, the name and address of each respondent and, if different, the name of the owner, lessee, proprietor, manager, or superintendent of the place of public accommodation.
(4) All other information as the Division requires.
(b) A complaint must be filed with the Division no more than 180 days after the occurrence of the alleged discriminatory public accommodation practice.
(c)(1) Within 120 days after the complaint is filed, the Division shall investigate the complaint and endeavor to eliminate any unlawful discriminatory practice discovered during the investigation, using conciliation.
a. When investigating a complaint, the Division shall apply the requirements of this chapter in a manner consistent with equivalent requirements under federal laws.
b. Insofar as possible, conciliation meetings shall be held in the county where the alleged discriminatory public accommodations practice occurred.
(2) If the matter is resolved through conciliation, the parties shall enter a conciliation agreement stating the terms of the resolution of the matter.
(3) If the Division determines that the allegations in the complaint do not state a claim for which relief is available under this chapter or that the claim is not within the scope of the Division's jurisdiction, it may petition the Commission, with notice to the complainant, to dismiss the complaint. A notice under this paragraph (c)(3) must include, with specificity, the reasons for the Division's determination.
(d) Whenever the Division has reasonable cause to believe that a respondent has breached a conciliation agreement, the Division shall refer the matter to the Attorney General with a recommendation that a civil action be filed under § 4512 of this title for the enforcement of such agreement.
(e) If a complaint cannot be resolved through conciliation under subsection (c) of this section, the Commission shall appoint a panel to hold a public hearing within 60 days after the expiration of 120-day period for investigation and conciliation. The deadlines provided under subsection (c) of this section and this subsection may be extended by the Chairperson or the Panel Chair at the request of any party or an employee of the Commission upon a showing of good cause.
(f)(1) Public hearings must be conducted in accordance with rules prescribed by the Commission. Each party may appear in person, be represented by counsel, present evidence, cross-examine witnesses, and obtain the issuance of subpoenas under § 4510 of this title. The Delaware Rules of Evidence apply to the presentation of evidence in a public hearing as they would in an administrative hearing conducted in accordance with subchapter III of the Administrative Procedures Act in Title 29 (subchapter III of Chapter 101 of Title 29).
(2) a. The Commission shall keep a record of all public hearings and shall provide a transcript of a hearing, at cost upon request of a party.
b. A party may apply to the Commission to waive the cost of a transcript. The Commission may waive all or part of the cost of the transcript if the party meets the criteria to proceed in forma pauperis in the Superior Court.
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