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Prohibiting Inquiries of Prospective Employees’ Compensation History

On June 14, 2017, Delaware Governor John Carney signed legislation (H.B. 1) preventing employers from requesting a job applicant’s salary history; however, an applicant may voluntarily disclose this information if he or she wishes to do so. The new law permits discussion and negotiation of compensation expectations between an employer and applicant, so long as the employer does not affirmatively seek compensation history during the discussion. After an employer extends a job offer that includes compensation terms and the applicant accepts it, then an employer may seek and confirm the applicant’s salary history.

The law is effective six months after signature (approximately December 14, 2017) to allow employers to modify their workplace policies.

Read DE H.B. 1