CHAPTER 460

FORMERLY

SENATE BILL NO. 292

AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO EMPLOYMENT PRACTICES AND TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE CLEAN INDOOR AIR ACT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF TI-IE STATE OF DELAWARE:

Section 1. Amend Section 704, Chapter 7. Title 19 of the Delaware Code by adding a new subsection (1) to read as follows:

"(f) Any employer who discharges or in any manner discriminates against an employee because that employee has made a complaint or has given information to the department pursuant to this section, or because (s)he has caused to be instituted or is about to cause to be instituted any proceedings under this section, or has testified or is about to testify in any such proceedings, shall be deemed in violation of this section and shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation."

Section 2, Amend Section 718, Subchapter 11, Title 19 of the Delaware Code by labeling the existing provision as subsection "(a)", and adding a new subsection (b) to read as follows:

"(b) It shall be an unlawful employment practice for any employer, employment agency, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discharge, refuse to hire or otherwise discriminate against any person or application for employment or membership on the basis of such person's race, marital status, color, age, religion, sex or national origin, because such person has opposed any practice prohibited by this subchapter or because such person has testified, assisted or participated in any manner in an investigation, proceeding, or hearing to enforce the provisions of this subchapter."

Section 3. Amend Section 735. Subchapter IV, Chapter 7, Title 19 of the Delaware Code by labeling the existing provision under this section as "(a)" and adding a new subsection (b) to read as follows:

"(b) Any employer who discharges or in any manner discriminates against an employee because that employee has made a complaint or has given information to the department pursuant to this subchapter, or because (s)he has caused to be instituted or is about to cause to be instituted any proceedings under this subchapter, or has testified or is about to testify in any such proceedings, shall be deemed in violation of this subchapter and shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation."

Section 4. Amend Section 2907, Title lo of the Delaware Code by labeling the existing provision "(a)" and adding a new subsection (b) to read as follows:

"(b) Any employer who discharges or in any manner discriminates against an employee because that employee has made a complaint or has given information to the Department of Labor pursuant to this chapter, or because (s)he has caused to be instituted or is about to cause to be instituted any proceedings under this chapter, or testified or is about to testify in any such proceedings, shall be deemed in violation of this chapter and shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation."

Approved July 9, 1996