19 Del. Admin. Code § 1311-2.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 1311-2.0 - Commencement of Actions

2.1 Manner of commencing actions.

2.1.1 An action shall be commenced by the filing of a verified charge with the department's Office of Anti-Discrimination.

2.2 Who may file a verified charge.

2.2.1 A complainant may file a verified charge alleging a violation of the Discrimination in Employment Act or the Handicapped Persons Employment Protections Act.

2.3 Preparation and contents of verified charge.

2.3.1 A verified charge shall be filed on a printed form approved by the administrator.

2.3.2 The department shall assist the complainant in the completion of the verified charge where necessary.

2.3.3 The verified charge shall indicate that it is filed with the department, and shall set forth the following:

2.3.3.1 The complainant's full name, address, and telephone number;

2.3.3.2 The respondent's full name, address, and telephone number if known;

2.3.3.3 A brief statement of jurisdiction identifying the nature, date of, and location of the employment relationship;

2.3.3.4 The specific prohibited basis or bases that gave rise to the alleged violation;

2.3.3.5 The specific adverse employment action alleged to have occurred as a result of the alleged violation;

2.3.3.6 A brief statement of the facts deemed to constitute the alleged violation;

2.3.3.7 The specific law or laws allegedly violated;

2.3.3.8 A brief statement explaining why the complainant alleges a causal relationship between the prohibited basis and the adverse action; and

2.3.3.9 Notarized signature and verification by the complainant.

2.4 Filing a verified charge.

2.4.1 The filing of a verified charge is perfected upon completion of the following steps before an official of the Office of Anti-Discrimination:

2.4.1.1 Administration of an oath;

2.4.1.2 Execution of the verified charge; and

2.4.1.3 Notarization of the complainant's verified signature.

2.5 Notification of filing.

2.5.1 Uponthefiling of a verified charge, the department shall provide the charging party with a form approved by the administrator which notifies the charging party of the jurisdictional limitations of the department, including the limitation of the department to only administer claims under the Discrimination in Employment Act and the Handicapped Persons Employment Act, and the inability of the department to provide an attorney or conduct a hearing.

2.6 Service of a charge.

2.6.1 Within 14 days of the filing of a charge, the department shall cause a copy of the charge to be served on the respondent by certified mail, return receipt requested.

2.6.2 In its discretion, the department may also cause to be served with the copy of the charge or a request for information, an invitation to participate in mediation, or both.

2.6.3 At the time of service, the department shall provide the respondent with notice of the respondent's right to file an answer.

2.6.4 The date of service on a respondent shall be the delivery date noted on the certified mail return receipt.

2.7 Amendment of a charge.

2.7.1 At any time before the department issues its final determination under 19 Del.C. § 712 (c)(3), the charging party, with the approval of the administrator, may file an amendment to the charge.

2.7.2 Amendments that cure technical defects or clarify allegations made in the original charge, or that allege additional acts that constitute unlawful practices related to or growing out of the allegations set forth in the original charge, will relate back to the date the charge was first filed.

2.7.3 Within seven days of the filing of an amendment, the department shall cause a copy of the amendment to be served on the respondent by certified mail, return receipt requested. The department shall provide written notice to the respondent of the respondent's right to file an amended answer within 20 days of receiptof the amended charge.

19 Del. Admin. Code § 1311-2.0