Delaware Joins Bandwagon Prohibiting Salary History Inquiries

In December, the state of Delaware will begin prohibiting employers from inquiring about the salary history of job applicants. An employer is not liable for an agent’s actions in contravention of the law if it informs the agent of these statutory requirements. He or she still may discuss and negotiate compensation, provided that there is no request or requirement to provide the applicant’s compensation history. This information may be obtained after an offer of employment is made with the compensation terms extended and accepted. Violations are subject to penalties no less than $1,000 and no more than $5,000 for the first offense and no less than $5,000 and no more than $10,000 for each subsequent offense.

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