Delaware Selection and Testing: What you need to know

The Delaware Fair Employment Practices Act prohibits discrimination based on race, marital status, genetic information, color, age (40 and over), religion, sex (including pregnancy), sexual orientation, gender identity, or national origin unless religion, genetic information, age, sex, sexual orientation, gender identity, or national origin is a bona fide occupational qualification (BFOQ), i.e., is necessary in order to perform the job in question. The Act also prohibits discrimination against applicants or employees based on their status as a victim of domestic violence. The Act applies to public employers and private employers with four or more employees (DE Code Tit. 19 Sec. 710 et seq.).
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Disability discrimination. The Delaware Persons with Disabilities Employment Protections Act prohibits discrimination against qualified individuals with disabilities in job application procedures, hiring, advancement, and other terms and conditions of employment. The Act also prohibits employers from requiring that applicants disclose the existence of a disability. Employers may, however, invite an applicant's voluntary disclosure of such information, so that the employer may act affirmatively on the applicant's behalf. The Act applies to all public employers and private employers that have four or more employees (DE Code Tit. 19 Sec. 720 et seq.).
Employers may inquire as to an applicant's ability to perform essential job-related functions (DE Code Tit. 19 Sec. 724).
An employer may give any professionally developed ability test and make decisions based on the results the test, as long as the test is not designed, intended, or used to discriminate on the basis of race, ...

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