Delaware to Ban Salary History Questions in December 2017

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Special Announcement to all Delaware employers:

The State of Delaware passed a law, House Substitute 1 for House Bill 1, amending Title 19 of the Delaware Code. This bill prohibits employers from seeking for or asking from job applicants, their salary history.  The Governor of Delaware signed the law on June 4th, 2017 and it will be effective on December 14th, 2017.

Among other things, the law makes the following an unlawful practice:

  • For an employer or prospective employer to seek the salary history of an applicant or employee from the applicant or employee; or a current or former employer of the applicant or employee.
  • Nothing in this section prohibits an employer or an employer’s agent from seeking 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 complete text of the legislation can be found here.

This law will require a review of the hiring process in place, including any documentation or forms that all applicants must complete, and may require changes to that process.

In order to comply with this law, Justifacts recommends that you consult with your legal department. This will help your company determine what changes need to be made to your hiring process.

It is important to note that Justifacts is providing this information as a service to our clients. None of the information contained herein should be construed as legal advice, nor is Justifacts engaged to provide legal advice. We go to great lengths to make sure our information is accurate and useful. We recommend you consult your attorney or legal department if you want assurance that our information, and your interpretation of it, is appropriate to your particular situation.


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