Delaware Pre-Employment Inquiries (Interviewing) laws & HR compliance analysis

Delaware Pre-Employment Inquiries (Interviewing): What you need to know

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 discriminating because an individual was the victim of domestic violence, a sexual offense, or stalking. The Act covers employers with four or more employees, including public employers.
Bona fide occupational qualification (BFOQ). Inquiries about religion, genetic information, age, sex, sexual orientation, gender identity, or national origin are permissible, however, if based on a BFOQ. State law does not provide a BFOQ exception on the basis of race, marital status, or color.
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Pay history inquiries. Effective December 14, 2017, employers are prohibited from inquiring about a job applicant’s compensation history and from screening applicants based on their compensation histories, including by requiring that an applicant’s prior compensation satisfy minimum or maximum criteria (DE Code Tit. 19 Sec. 709B).
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 public and ...

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