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Compensation History Inquiry Ban

DE Salary History Ban

Employees

Bars employers from asking job applicants or their former employers about pay history or screening applicants by past compensation. Employers may discuss pay expectations and may confirm history only after an offer with compensation terms has been accepted.

Where
Delaware
Citation
19 Del. C. § 709B
Status
In force
In force since
2017-12-14
Enforced by
Delaware Department of Labor (709B(g))
People can sue
No
Penalties
Civil penalty of $1,000 to $5,000 for a first offense and $5,000 to $10,000 for each later violation; conduct relating to one position counts as a single violation (709B(h)).
Applies to
  • Employers and their agents screening or interviewing job applicants (709B(a)-(b))

Practices it requires

  • Do not seek an applicant's compensation history from the applicant or a current or former employer, or screen applicants based on compensation history.19 Del. C. § 709B(b)

Other duties

  • Compensation history may be sought only after an offer with compensation terms is extended and accepted, solely to confirm it.19 Del. C. § 709B(e)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Research reference, not legal advice.