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Delaware Department of Labor

Compensation History

General Provisions

§ 709B Unlawful employment practices; compensation history [Effective Dec. 14, 2017]

  1. (a) Definitions. — For the purposes of this section:
    1. (1) “Applicant” means a prospective employee applying for employment.
    2. (2) “Compensation” includes monetary wages as well as benefits and other forms of compensation.
  2. (b) It shall be an unlawful employment practice for an employer or an employer’s agent to:
    1. (1) Screen applicants based on their compensation histories, including by requiring that an applicant’s prior compensation satisfy minimum or maximum criteria.
    2. (2) Seek the compensation history of an applicant from the applicant or a current or former employer.
  3. (c) For the purposes of this section, if an employer can demonstrate that the employer’s agent, who is not an employee, was informed of the requirements of this section and instructed to comply by the employer, then the employer is not liable for actions taken by the agent in violation of this section.
  4. (d) Nothing in this section prohibits an employer or an employer’s agent and an applicant from discussing and negotiating compensation expectations provided that the employer or employer’s agent does not request or require the applicant’s compensation history.
  5. (e) 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.
  6. (f) The Department of Labor shall post the requirements of this section on its website and shall perform outreach as necessary to educate employers of the requirements of this section.
  7. (g) Enforcement. — The Department of Labor has the same powers under this section as given in § 1111 of this title.
  8. (h) Penalties. —
    1. (1) Any employer or employer’s agent who violates or fails to comply with any requirement of this section shall be deemed in violation of this section and shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for the first offense and not less than $5,000 nor more than $10,000 for each subsequent violation.
    2. (2) For penalty purposes, any actions by an employer or employer’s agent that violate the provisions of paragraph (b)(1) or (b)(2) of this section that pertain to interviewing and hiring for a single position shall constitute a single violation.
    3. (3) A civil penalty claim may be filed in any court of competent jurisdiction

Additional Information

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