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September 2022: Delaware Strengthens Age Discrimination Protections

29 Sep


Update Applicable to:
All employers with four more employees in the state of Delaware.


What happened?
On September 8, 2022, Governor Carney signed Senate Bill 211 (SB 211) into law, adding a requirement.

What are the details?
Delaware now prohibits employers with four or more employees in the state from asking for the following information on an initial employment application:

  • Age
  • Birth date
  • Dates the applicant attended or graduated from any educational institution

However, employers can still require this information if it’s necessary to comply with a state or federal law or a licensing, regulatory, or certification requirement. Employers can also require this information if it’s a bona fide occupational qualification or need.

Note that age (including birth date) only meets this standard if it’s essential to successfully perform the job and necessary to the business’s regular operation. Exceptions are most likely to apply to jobs with minimum age requirements.

For more information, please see the links below:

Senate Bill 211 (SB 211)

Delaware Age Discrimination Info

What do employers need to do?
Employers should review the links above and make immediate changes to their interview process to prevent questions such as age, birth date, and attendance/graduation date from any educational institution. Employers should also inform and educate their hiring managers on this law.

Need help understanding how changes to employment laws will affect your business?

Learn more about how Vensure's Delaware PEO services can help you navigate complex employment laws and keep your business compliant.

This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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