Delaware salary history law set to take effect

November 28, 2017 0 COMMENTS

by Molly DiBianca

Delaware’s new law limiting employers’ ability to inquire about job candidates’ compensation history is set to take effect on December 14.

The law is intended to address pay disparities between men and women. Because women often make less than their male counterparts, the pay gap is perpetuated if women’s wages are based on salary history instead of a set range for a particular position. Thus, according to the theory, the new law will level the playing field.

The law prohibits employers from asking about an applicant’s salary history or using salary history as a screening criterion. A candidate may volunteer salary information, and the law explicitly allows employers to discuss and negotiate compensation. Once a job offer (including the terms of compensation) has been extended and accepted, the employer may inquire about the applicant’s salary history, but it may not use the information to make pay decisions.

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