CHAPTER 337

AN ACT TO MAKE UNLAWFUL CERTAIN DISCRIMINATORY PRACTICES IN RESPECT TO EMPLOYMENT BECAUSE OF THE AGES OF THE INDIVIDUALS SEEKING OR BEING IN EMPLOYMENT, CREATING AND CONFERRING JURISDICTION UPON THE "DIVISION AGAINST DISCRIMINATION" IN THE LABOR COMMISSION OF DELAWARE, PROVIDING FOR THE PRACTICE AND PROCEDURE TO BE FOLLOWED IN THE ENFORCEMENT OF THE ACT.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. It shall be unlawful employment practice or unlawful discrimination, as the case may be,

(a) for an employer or employment agency to refuse to hire, employ or license, or to bar or discharge from employment, any individual because of his race, creed, color or national origin, or because such individual is between 45 and 65 years of age;

(b) for an employer or employment agency to discriminate against any individual in compensation or in the terms, conditions or privileges of employment because of race, creed, color or national origin, or because such individual is between 45 and 65 years of age;

(c) for any employer or employment agency to print, circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for employment or make any inquiry in connection with prospective employment which expresses directly or indirectly and*(so enrolled) limitation, specification or discrimination or unless based on a bona fide occupational qualification;

(d) for any labor organization to exclude or expel from its membership any person or to discriminate in any way against any of its members, employers or employees because of race, creed, color or national origin, or because any such person, member, employer or employee is between the ages of 45 and 65 years;

(e) for any employer, labor organization or employment agency to discharge, expel, penalize or otherwise discriminate against any person because he has opposed any practice forbidden by this act or because he has filed a complaint, testified or assisted in any proceeding respecting the employment practices and discrimination prohibited under this act;

(f) for any person, whether an employer, employee or not, to aid, abet, incite, compel or coerce the doing of any of the practices forbidden by the act, or to attempt to do so.

Section 2. The "Division Against Discrimination" in the Labor Commission of Delaware is hereby created and shall have jurisdiction over the subject of employment practices and discrimination made unlawful by this act, provided, however, that any complaint that there has been a violation of Section 1 of this Act must be filed with the Division Against Discrimination within ninety days after the alleged act of violation. The said division shall make such rules and regulations as may be necessary to effectuate the purposes of this act.

Section 3. Nothing contained in this act shall be construed to conflict with the laws relating to child and female labor, nor to prohibit the establishment and maintenance of bona fide occupational qualifications, nor to prevent the termination or change of the employment of any person who is unable to perform his duties, nor to interfere with the operation of the terms or conditions of any bona fide retirement, pension, employee benefit or insurance plan.

Section 4. Whoever shall be guilty of this act, shall, for the first offense be fined not more than $200 and for the second offense, shall be fined not more than $500, or imprisoned for not more than 90 days, or both.

Approved July 9, 1960.