Recruiting: Delaware

Federal law and guidance on this subject should be reviewed together with this section.

Author: Jessica Sussman

Summary

• Delaware goes beyond federal employment law in a number of respects involving protections for job applicants. See Delaware Discrimination in Employment Act.
• Delaware recognizes a bona fide occupational qualification exception, but it applies in limited circumstances. See BFOQ Exception.
• A rule that requires applicants and employees to speak only English on the job may violate Delaware law. See English-Only Rules.
• Delaware law limits the age-related information that employers may request in employment applications. See Age Information in Job Applications.
• Employers should evaluate independent contractors based on the ABC test. See Independent Contractors.
• Delaware employers that recruit underage workers should be aware of state laws restricting a minor's ability to work in certain jobs and during enumerated hours. See Underage Workers.