| Update Applicable to: | Effective Date |
| All Employers in Delaware | August 20, 2025 |
What happened?
On August 20, 2025, Delaware Governor John Carney signed House Bill 36 (HB36), officially updating and aligning the state’s non-discrimination laws across multiple areas of public life, including housing, employment, education, and public services.
Overview:
The goal is to ensure that all laws consistently reflect the full list of protected classes already recognized under Delaware’s broader anti-discrimination statutes.
Unified Language: Adds a catch-all clause to many laws: “any other basis protected under Chapter 45 of Title 6” (or similar chapters), ensuring future updates to protected classes apply automatically.
Expanded Definitions
- Broadens the definition of “place of public accommodation” to include government agencies and state-funded entities.
- Clarifies protections for housing status, source of income, and other emerging categories.
New Identity Categories: Incorporates updates from HB275 (2024), adding “pansexual” and “asexual” to the definition of sexual orientation.
Additional Details:
Areas Affected
- Transportation: §1917 (Title 2) – TNCs must follow expanded non-discrimination policies.
- Public Accommodations: §4502 (Title 6) – More entities now included.
- Employment: §1183, §204, §5953, §6962 (Titles 9, 19 & 29) – Broader protections for workers and apprentices.
- Jury Service: §4502 (Title 10) – Expanded eligibility protections.
- Education: §8516 (Title 14) – Broader protections in private schools.
- Veterans’ Services: §1204 (Title 20) – Inclusive burial eligibility.
- Professional Licensing: §§506, 706, 1713, 3102 (Title 24) – Boards must follow updated non-discrimination rules.
Source References
Need help understanding how changes to employment laws will affect your business?
Learn more about how Vensure's Delaware PEO services can help you navigate complex employment laws and keep your business compliant.
This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.
