Delaware prohibits employers from seeking age-related info

Delaware has enacted legislation (Senate Bill 211) that expressly prohibits employers from asking applicants age-related questions on an initial application. Senate Bill 211 is effective immediately.

The Details:

Under Senate Bill 211, employers with four or more employees in the state are expressly prohibited from requiring or requesting applicants to disclose their age and date of birth on an initial employment application. Covered employers are also prohibited from requesting either the dates of attendance at or the date of graduation from an educational institution on an initial employment application.

Exceptions:

The law doesn’t apply to an employer requesting or requiring such information:

• Based on a bona fide occupational qualification or need; or
• When such information is required to comply with any provision of state or federal law, or the requirements of any regulatory, licensing, or certifying body or organization.

For age to constitute “a bona fide occupational qualification or need” under the law, an employer must establish that age is an essential component of one’s ability to successfully perform a particular job and is necessary to the normal operation of the business.

Next Steps:

• Review application forms and procedures to ensure compliance with Senate Bill 211.
• Train supervisors and others involved in the hiring process on the law.