Effective December 14, 2017, the state of Delaware has made it an unlawful employment practice for an employer or employer’s agent to:
- Screen applicants based on their compensation histories, including by requiring that an applicant’s prior compensation satisfy minimum or maximum criteria.
- Seek the compensation history of an applicant from the applicant or a current or former employer.
An employer or an employer’s agent may seek the applicant’s compensation history after an offer of employment with terms of compensation has been extended to the applicant and accepted, for the sole purpose of confirming the applicant’s compensation history. The text of the bill can be found here: https://legiscan.com/DE/bill/HB1/2017
You should review your job applications and remove salary history requests and your interviewing processes.
Delaware is not the first, nor will it be the last state to pass a law of this nature. Cities are also passing these ordinances. Our State Rules Register is available on the AmericanChecked ordering system when you log in and you may wish to review your jurisdiction on this program and check with your counsel to review your practices.