Delaware Protection Against Discrimination for Veterans and Military Families

Federal law protects servicemembers from discrimination in employment through the Uniformed Services Employment and Reemployment Rights Act, and says little about veterans in hiring once they are out, and nothing about housing. Delaware fills both gaps. What is protected. Title 19, section 711, subsection (b) makes it an unlawful employment practice to fail or refuse to hire, to discharge, or otherwise to discriminate "because of such individual's race, marital status, genetic information, color, age, religion, sex (including pregnancy), sexual orientation, gender identity, national origin, military status, or housing status". The same term appears in the fair housing law in Title 6, chapter 46, the equal accommodations law in Title 6, chapter 45, the insurance unfair practices law in Title 18, section 2304, and the state classified service in Title 29, section 5953. Who has military status. Title 19, section 710, paragraph (16), repeated in Title 6, section 4502 and elsewhere: a member of the uniformed forces as defined in 10 U.S.C. 101 or a reserve component; a "veteran" as defined in 38 U.S.C. 101; or a "dependent" of a servicemember as defined in 50 U.S.C. 3911, which is the Servicemembers Civil Relief Act. The federal veteran definition requires discharge under conditions other than dishonorable. A military spouse is protected as a dependent while the member serves. How it got there. House Substitute 1 for House Bill 55, approved July 23, 2025 and printed as 85 Delaware Laws chapter 104, added military status as a protected class across public accommodations, housing, insurance, education and employment. Its synopsis says it is meant to supplement federal protections for members, their families and veterans. It also added a safe harbour: any distinction based on military status that is allowed by state or federal law or regulation or by a government contract is not discrimination. So veterans preference in hiring, veterans-only housing funded under a federal program, and military discounts are all lawful. What it means in practice. A private employer with four or more employees in Delaware may not refuse to hire a veteran because they are a veteran, or because the employer fears post-traumatic stress, or refuse a reservist because of drill weekends beyond what USERRA already covers. A landlord may not refuse to rent to a military family. A restaurant or store may not refuse service. A disability that comes from service is separately protected under the disability provisions. How to enforce it. An employment charge goes to the Delaware Department of Labor, Office of Anti-Discrimination, within 300 days of the act, and leads to a right to sue letter. Housing and public accommodations complaints go to the Division of Human Relations. Title 19, section 717 adds that nothing in the employment chapter repeals any state or local veterans preference.