The Delaware Wage Payment and Collection Act prohibits pay discrimination based on sex (DE Code Tit. 19 Sec. 1107A).
Under the Act, an employer is prohibited from:
• Paying an employee at a wage rate less than the rate at which an employee of the opposite sex in the same establishment is paid for equal work on a job that requires equal skill, effort, and responsibility and that is performed under similar working conditions
• Reducing an employee's wage rate in order to comply with the Act
• Discriminating against an employee for making a complaint about alleged discrimination, for giving information to the Department of Labor, or for instituting or testifying in proceedings under the Act
The Act applies to all employers in the state and may not be waived by a private agreement between employee and employer.
Exceptions. Wage rate differentials that are based on a seniority or merit system, a system that measures earnings by quantity or quality of production, or any factor other than sex are permissible.