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.
Effective December 14, 2017, employers are prohibited from:
• Screening applicants based on their compensation histories, including by requiring that an applicant’s prior compensation satisfy minimum or maximum criteria; or
• Seeking the compensation history of an applicant from the applicant or a current or former employer (DE Code Tit. 19 Sec. 709B).
The law does not prohibit an employer and applicant from discussing and negotiating compensation expectations provided that the employer does not request or require the applicant’s compensation history.
An employer may seek the applicant’s compensation history after the employer has extended, and the applicant has accepted, an offer ...