October 19, 2020

Volume X, Number 293

October 19, 2020

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Delaware Follows Suit, Joins Number of Jurisdictions Banning Salary History Inquiries

On June 14, 2017, Delaware’s governor signed a measure enacting a pay history inquiry ban similar to those enacted recently in MassachusettsNew York CityPhiladelphia, and Puerto Rico. Specifically, Title 19 of the Delaware Code, relating to unlawful employment practices, has been amended to now make it unlawful to (1) screen applicants based on their compensation histories, including by requiring that an applicant’s prior compensation satisfy minimum or maximum criteria; or (2) seek the compensation history of an applicant from the applicant or a current or former employer. 

Delaware employers are not prohibited from discussing and negotiating compensation expectations provided that the employer does not request or require the applicant’s compensation history. Also, employers are not prohibited from seeking an 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.  

Employers that violate the law “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.” 

Delaware’s pay history inquiry ban will take effect six months after its enactment, on Thursday, December 14, 2017.

© 2020, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume VII, Number 177


About this Author

Evan Van Gorder, Ogletree Deakins Law Firm, Employment Litigation Attorney

L. Evan Van Gorder represents corporations in employment-related and complex commercial matters, including litigation involving discrimination, wage and hour, wrongful discharge and other claims in state and federal courts and administrative agencies. His employment litigation experience includes enforcement of non-competition and non-solicitation agreements, defending discrimination claims through trial, and handling administrative claims before the EEOC and state fair employment practice agencies.  Mr. Van Gorder’s commercial litigation experience includes handling...

Paul Lancaster Adams, Employment and Labor Relations Attorney, Ogletree Deakins Law Firm
Office Managing Partner

Paul Lancaster Adams is the Managing Shareholder of Ogletree Deakins' Philadelphia office and member of the Firm-Wide Management Committee, as well as Diversity and Inclusion Steering Committee. With a strong in-house and outside counsel background, Paul brings a unique and practical perspective to his national clients. He has skillfully addressed a broad range of key employment and labor relations issues critical to the modern workplace through counseling, negotiation and litigation.

Paul has particular experience representing employers as lead counsel in federal and state court employment litigation, class and collective actions, labor arbitrations and administrative proceedings. He has successfully tried to verdict over 25 matters in federal and state courts and handled numerous arbitrations and mediations. He routinely defends his clients in investigations by government agencies such as the EEOC, and state equivalents, DOL and NLRB and conducts and oversees internal corporate