An Act To Amend Title 19 Of The Delaware Code Relating To Unlawful Employment Practices

Delaware Governor John Carney signed an amendment to Title 19 to further address a gender base wage gap. The Act states:

  • Employers are prohibited from inquiring about an applicant’s compensation history.
  • Applicants may voluntarily disclose their compensation information, but the Act permits “discussion and negation of compensation expectations between an employer and applicants, so long as the employer does not affirmatively seek compensation history in the course of discussion and negotiation.”
  • Employers may confirm an applicant’s compensation information after an offer is made and accepted.

Ban The Box

Employers are prohibited from including questions about criminal records on job applications or asking about criminal history until after a conditional offer has been made to an applicant. When reviewing criminal histories, employers must:

  • Only consider felonies for ten years and misdemeanors for 5 years after the completion of a sentence.
  • Consider various factors, such as whether or not a record is relevant to the position, before revoking a conditional offer.
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