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 based on 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 avoid inquiries 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 based on 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.
Pay history inquiries. 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 ...