Delaware Fair Hiring Laws

Various laws are in effect that impact employment, including some that dictate the regulations around recruiting and hiring new employees. Review our detailed guide to fair hiring laws in Delaware and how they differ from federal regulations.

What Are Fair Hiring Laws?

Fair hiring laws are regulations administered federally by the Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL). They apply across all states in the U.S., although some states have stricter laws in place. More than 180 laws cover workplace activities, protecting more than 165 million workers. Some of these related to the process of recruiting and hiring new employees.

What Are “Ban-the-Box” Laws?

Ban-the-box laws limit when an employer can ask about a candidate’s criminal history during the hiring process. The term refers to eliminating the box that must be checked on a traditional application when the individual has such a record.

Does Delaware Have Fair Hiring Laws That Differ from Federal Fair Hiring Laws?

Yes, there are some fair hiring laws in Delaware that differ from federal laws. The state has the Delaware Discrimination in Employment Act (DDEA) and Persons with Disabilities Employment Protection Act (PDEA), which are covered in more detail below.

Do Delaware Hiring Laws Match or Differ from the Federal Equal Pay Act (EPA)?

Delaware’s hiring law, the Wage Payment and Collection Act, aligns with the federal Equal Pay Act (EPA).

Do Delaware Hiring Laws Match or Differ from the Age Discrimination in Employment Act (ADEA)?

The Delaware Discrimination in Employment Act prohibits employers from discriminating against an applicant based on age when making hiring decisions. It aligns with the ADEA.

Do Delaware Hiring Laws Match or Differ from the Americans with Disabilities Act (ADA)?

The Persons with Disabilities Employment Protections Act prohibits an employer from refusing to hire a qualified person based on a disability. It also outlines the requirement for employers to provide reasonable accommodations for individuals with disabilities.

Do Delaware Hiring Laws Match or Differ from the Genetic Information Nondiscrimination Act (GINA)?

Delaware follows the Genetic Information Nondiscrimination Act, which prohibits discrimination in employment decisions based on the use of genetic information.

Do Delaware Hiring Laws Match or Differ from Title VII of the Civil Rights Act of 1964?

The protected classes outlined in the Delaware Discrimination in Employment Act differ from those in the federal Civil Rights Act of 1964, Title VII. The DDEA prohibits discrimination based on sexual identity or orientation, genetic information, marital status, and disability.

Are There Different Fair Hiring Laws in Cities or Municipalities Across Delaware?

Yes, the city of Wilmington and New Castle County each have a ban-the-box law in place. The law restricts city and county government and public employers from asking about conviction history prior to making a job offer.

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