Delaware Supreme Court questions regarding the scope of the Act and the remedies available under it.
In reviewing the provisions of the Act, the Supreme Court noted the Commission's responsibility to investigate complaints and resolve grievances,
where well founded, through conciliation and voluntary compliance. 6 Del. C. § 4506. In the absence of voluntary agreement the Chairman of the Commission is authorized to enter an order of compliance. 6 Del. C. § 4506(f). Any party aggrieved by an order of the Commission may seek review de novo in the Superior Court. 6 Del. C. § 4513. The Commission may certify violations for prosecution by the Attorney General who may also prosecute sua sponte. 6 Del. C. § 4514. Enforcement of Commission orders may also be sought through a civil action in the Court of Chancery. 6 Del. C. § 4516.
Miller, 602 A.2d at 67. The Court determined that no private cause of action for damages was permissible under the Act. In so ruling, it made the following comments pertinent to the present inquiry:
The primary thrust of the Commission's activities is one of conciliation and mediation to eliminate perceived discrimination....[T]he legislature clearly intended that the Commission act promptly to deal with discrimination claims and thus resolve claims while practical forms of redress are still available through conciliation....