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Delaware House Democrats

Chukwuocha Bill Would Add Military Status as a Protected Class in Delaware

March 7, 2025

DOVER- Recognizing that military members and their families can face discrimination in many aspects of daily life, lawmakers introduced legislation on Thursday aimed at providing additional legal protections for service members and their dependents.

Sponsored by Rep. Nnamdi Chukwuocha and Sen. Nicole PooreHouse Bill 55 would add military status as a protected class under Delaware’s public accommodations, housing, insurance, education, and employment laws.

“As a veteran, I understand firsthand the sacrifices that come with military family life; moving from place to place, worrying about deployments, and trying to build a career or find stable housing in the midst of it all. Unfortunately, many of our Blue Star families can also face discrimination that makes these challenges even harder,” said Rep. Nnamdi Chukwoucha. 

“While some federal protections exist, they don’t always go far enough, especially for military dependents. This legislation fills in those gaps and helps to ensure that those who serve are not unfairly held back from opportunities.”

Under HB 55, military members and their families would be designated as a protected class, joining other groups safeguarded under state law, including individuals protected by race, age, marital status, creed, religion, color, sex, disability, sexual orientation, gender identity, and national origin.

HB 55 would supplement existing federal protections, including those found in the Uniformed Services Employment and Reemployment Rights Act (USERRA), which prohibits employment discrimination against military service members and veterans. 

Notably, USERRA does not extend protections to military dependents, who often face significant challenges, particularly in employment and housing. For example, a military spouse may be denied a job or a promotion because their employer is worried about their longevity in the position or organization.

A 2019 survey found that nearly half (46%) of military spouses have felt discriminated against in their job search due to their military status. 91% of military spouses reported that being part of a military family has had a negative impact on their career prospects.

Additionally, many military families face housing challenges due to frequent relocations or deployments. In recent surveys, service members have reported paying higher security deposits for rental properties and being asked to waive federal housing protections from the Servicemembers Civil Relief Act as a condition of getting a lease.

HB 55 would help ensure that military members and their families are not disadvantaged or penalized because of their choice to serve and would provide an avenue to report, challenge, and seek justice for discriminatory actions.

“As Chair of the Veteran Affairs Committee, it was a privilege to work alongside Rep. Chukwuocha, a fellow veteran, in advancing HB 55, a critical piece of legislation designed to provide additional legal protection for our service members and their families,” said Sen. Nicole Poore, Senate Prime Sponsor of HB 55.

“This legislation is vital, not only for the brave men and women who serve our country, ensuring they have the same opportunities as all other citizens, but also for their spouses and children, who often face the same challenges and discrimination. I am deeply proud to have co-sponsored this important legislation and look forward to witnessing the positive change it will bring to the lives of Delaware’s service members and their loved ones.”

HB 55 has been assigned to the House Veterans Affairs Committee

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