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
- Official text
- 19 Del. C. ch. 7, subch. I (Delaware Code Online)
- 81 Del. Laws c. 41 (approved June 14, 2017; effective 6 months after enactment)
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Research reference, not legal advice.