The Delaware Discrimination in Employment Act prohibits employers from making inquiries of prospective employees that state or imply any limitation or discrimination on the basis of race, marital status, genetic information, color, age (40 and over), religion, sex (including pregnancy), sexual orientation, gender identity, or national origin (DE Code Tit. 19 Sec. 710 et seq.). The Act also prohibits employers from nquiries about religion, genetic information, age, sex, sexual orientation, gender identity, or national origin are permissible, however, if based on a bona fide occupational qualification (BFOQ). State law does not provide a BFOQ exception on the basis of race, marital status, or color. The Act covers employers with four or more employees, including public employers.
The Delaware Persons with Disabilities Employment Protections Act prohibits employment discrimination against qualified individuals with physical or mental disabilities (DE Code Tit. 19 Sec. 720 et seq.). Employers must make a conditional offer of employment before requiring an applicant to identify the existence of a disability. Preemployment inquiries that are directly related to an applicant's ability to perform essential job-related functions are permitted. The Act covers all public employers and private employers with 15 or more employees.
There is additional information about preemployment medical examinations.
Ban the box. Delaware has passed a ban the box law that limits how public employers can request criminal history information during the hiring process. Beginning on November 4, 2014, public employers and state contractors are prohibited from inquiring into or considering the criminal record, criminal history, or ...