Delaware Pay Equity
Statute
Classes protected
- Sex
Key language on pay discrimination
- "No employees shall be paid a wage at a rate less than the rate at which an employee of the opposite sex in the same establishment is paid for equal work on a job the performance of which requires equal skill, effort, responsibility, and which is performed under similar working conditions[.]"
Exceptions for pay disparities (including affirmative defenses)
- Seniority system
- Merit system
- System which measures earnings by quantity or quality of production
- Any other factor other than sex
Prohibition on salary history inquiry
- It is an unlawful employment practice to seek the compensation history of an applicant from the applicant or a current or former employer.
- It is an unlawful employment practice to screen applicants based upon their respective compensation histories, including requiring that an applicant’s prior compensation satisfy minimum or maximum criteria.
- An employer and applicant are permitted to discuss and negotiate compensation expectations, provided that the employer does not request or require the applicant’s compensation history.
- An employer is permitted to seek an applicant’s compensation history after an offer of employment with terms of compensation is extended to the applicant and is accepted for the sole purpose of confirming the applicant’s compensation history.
Pay Transparency
- It shall be an unlawful employment practice for an employer to: (i) require as a condition of employment that an employee refrain from inquiring about, discussing, or disclosing his/her wages or the wages of another employee; (ii) require an employee sign a waiver or other document purporting to deny the employee the right to disclose or discuss his/her wages; or (iii) discharge, formally discipline, or otherwise discriminate against an employee for inquiring about, discussing, or disclosing his/her wages or the wages of another employee.
Anti-retaliation
- Prohibits retaliation against an employee who made a complaint, instituted legal proceedings, or testified in proceedings under this law.
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