HR Management & Compliance

Delaware Expands Antidiscrimination Protection in State Government Workplaces

Delaware Governor Jack Markell has signed an executive order that broadens the scope of discrimination protection in state government workplaces. Specifically, the order prohibits discrimination based on gender identity or expression and extends discrimination protection to all military veterans (instead of just Vietnam War veterans).

While discussing the executive order and his administration’s commitment to equality, Markell noted, “Discrimination in any form is wrong, and I will not stand for it as governor.” He further added, “I am proud to issue this executive order. It sends a clear signal that Delaware’s state government does not tolerate discrimination and is serious about fostering an inclusive working environment. Delaware’s state government must reflect the rich diversity of the citizens it serves.”

Before the order, Delaware law, executive orders, and/or merit rules barred discrimination in state employment based on gender, race, color, religion, national origin, age, marital status, disability, sexual orientation, veteran status, or genetic information. The new order surpasses legislation passed in June (SB 121) that prohibits discrimination based on sexual orientation (but not gender identity or expression) in employment, housing, public works contracting, public accommodations, and insurance.

Gender identity discrimination appears to be an issue that is gaining momentum this summer, especially since the Employment Non-Discrimination Act (ENDA) was introduced in both U.S. houses of Congress. If passed, ENDA would bar public and private employers, employment agencies, and labor unions from basing employment decisions (such as firing, hiring, promotion, or compensation) on an individual’s actual or perceived sexual orientation or gender identity.

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