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:

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

Article

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.