There are no specific prohibitions in the Delaware Discrimination in Employment Act on what employers may ask on an application form. However, the Act prohibits employers from discriminating against job applicants 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.). Therefore, employers should not inquire about any of these protected characteristics. The Act applies to employers with four or more employees.
Bona fide occupational qualification (BFOQ). The Act provides an exception if religion, genetic information, age, sex, sexual orientation, gender identity, or national origin is a BFOQ reasonably necessary to the normal operation of a particular business or enterprise.
Association discrimination. Employers are prohibited from discriminating against an applicant on the basis of his or her association with:
• An individual of a particular race, religion, or national origin, or an individual with a disability, or
• Schools or places of worship associated with a particular racial, ethnic, or religious group.
Retaliation prohibited. Employers are also prohibited from discriminating against a person who has opposed any unlawful discriminatory practice, or who has testified, assisted, or participated in an investigation, proceeding, or hearing to enforce the provisions of the Act.
Under the Delaware Persons with Disabilities Employment Protections Act, employers may not discriminate against qualified individuals with a physical or mental disability or require an applicant to self-identify as disabled before a conditional offer of employment (DE Code ...