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Delaware enacts salary history ban

The First State becomes the latest state to enact a version of the increasingly popular legislation that aims to address the gender pay gap.

Signed by Gov. John Carney, House Bill 1 will prohibit employers from screening job applicants based on compensation, including barring employers or an employer’s agent from seeking the compensation history of an applicant from the applicant themselves or their former employer(s).

Employers can still discuss and negotiate compensation expectations, so long as employers refrain from asking applicants for salary history information.

The law will allow employers to procure an applicant’s salary history information after an offer of employment – including compensation terms – has been extended and accepted “for the sole purpose of confirming the applicant’s compensation history.”

The law will go into effect on Dec. 1, 2017.

Source: Fox Rothschild LLP, 6/16/2017

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