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Recruiting: Delaware

Recruiting requirements for other states

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

Author: Jessica Sussman


  • 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.