Update Applicable to:	Effective date
All employers with 4 or more employees	Immediately

What happened?

On September 26, 2024, the Delaware governor signed House Bill 440 (HB 440), expanding anti-discrimination protections based on housing status in employment sectors.

Quick Summary:

• House Bill 440 (HB 440) in Delaware expands anti-discrimination protections to include “housing status” in employment and professional activities.

• Employers cannot discriminate against individuals based on their housing situation when seeking jobs or professional opportunities.

What are the details?

• Delaware’s employment discrimination law now includes “housing status” as a protected characteristic. This applies to employers with four or more employees in the state.

• “Housing status” refers to an individual, family, or youth’s overnight residence, regardless of its permanence or habitability.

• The law aims to prevent discrimination in employment and professional activities based on housing status, ensuring that individuals are not overlooked for job opportunities due to their housing situation. This includes protecting unhoused individuals from being unfairly treated in the job market.

Key Provisions:

• Definition: “Housing status” means a person or family’s overnight residence, regardless of permanence or habitability.

• Protection: It is unlawful for employers to discriminate against employees or job applicants based on their housing status.

• Scope: The bill covers various aspects of employment, including hiring, termination, promotion, compensation, and job training.

• Amendment: This protection is added to existing protected statuses such as race, religion, sexual orientation, and age.

Business Considerations

• Employers should update Equal Employment Opportunity (EEO) policies to include housing status.
• Employers should ensure that employment decisions are not influenced by an individual’s housing status.
• Employers should update their hiring and onboarding practices to meet the new standard.

Source References

• DE HB 440

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