All resourcesAsk HR AI · Delaware

Pay transparency and pay equity in Delaware.

Delaware pay transparency and salary-history: banned (19 del. c. §709b), posting requirements, and remote-worker triggers.

What changes in Delaware

  • Salary-history rule: Banned (19 Del. C. §709B). Employers may not screen applicants based on compensation history or seek that history from prior employers.
Try it now

"We post remote roles nationwide — how do we handle pay range disclosure? Focus on Delaware."

Ask this in Ask HR AI

Practitioner steps for Delaware

  1. Step 1. Confirm whether Delaware bans salary-history inquiries — currently banned (19 del. c. §709b).
  2. Step 2. Post a good-faith pay range on every DE job posting where required, including remote roles that could be performed in Delaware.
  3. Step 3. Include benefits and equity where the DE statute or local ordinance requires them alongside the base range.
  4. Step 4. Retain the wage records and job description that support the posted range in case of an enforcement action.

Applicable Delaware statutes and references

  • 19 Del. C. §709B
  • 19 Del. C. §711
  • HB 1 (2023)
  • 15 U.S.C. §1681 et seq. (federal FCRA)

Frequently asked (federal + Delaware overlay)

Which states require pay ranges in job postings?

California, Colorado, Connecticut, Hawaii, Illinois, Maryland, Minnesota, Nevada, New York, Rhode Island, Vermont, and Washington all have posting or on-request pay range disclosure statutes, plus several cities with their own rules.

Can I ask an applicant about their current salary?

In many states, no. Salary-history bans in states like California, Massachusetts, New York, and Washington prohibit asking about prior compensation, though applicants can voluntarily disclose.

What is a pay equity audit?

A privileged statistical review of compensation across protected classes for similarly situated employees, used to identify and correct unexplained gaps before litigation.

Related Delaware topics

Same topic in another state

Keep going

Ask HR AI is not legal advice. Confirm any final answers or suggested actions with your employment legal counsel before acting on them.