Effective September 8, 2022, it is an unlawful employment practice for a Delaware employer with four or more employees to request or require a prospective employee’s age, date of birth or dates of attendance or graduation from an educational institution on an initial employment application.
Exceptions apply if the employer is requesting the information because of a bona fide occupational qualification or need; or the information is required to comply with state or federal law or the requirements of any regulatory, licensing or certification body or organization.
Next Steps for Employers
Employers should review and update their employment applications as needed. Employers will need to determine on a position-by-position basis whether collection of this information is in fact a bona fide occupational qualification. Best practice is to gather this information on a post-offer basis as needed.
