Your Rights in a Job Interview — Delaware(DE)
What an employer legally cannot ask you in Delaware, what to say if you're asked anyway, and — for hiring managers — the lawful way to ask for the same information.
Not yet independently verified against current statutes — confirm anything specific with your state's labor office before relying on it.
These are federal protections that apply everywhere. Your state may protect you further — many do. Check your state labor office.
Prohibited question: How old are you? / What year did you graduate?
Federal law protects workers aged 40 and over from age discrimination, and graduation year is a common indirect route to the same information.
If you're a candidate
Redirect to experience: "I've got the experience level this role calls for — happy to walk through the relevant work." Answering directly is a fine choice too, if you'd rather just say it.
If you're hiring
Ask this instead: Ask about years of relevant experience directly, or "Are you over 18?" if that is genuinely required for the role.
Source: Age Discrimination in Employment Act (ADEA)
Prohibited question: What is your race, religion, or national origin?
Federal law prohibits discrimination on these grounds, and asking about them during hiring is impermissible.
If you're a candidate
"I'd rather focus on my qualifications for the role" is a complete answer — nothing about this belongs in an interview. Answering anyway is your call too — you're just never obligated to.
If you're hiring
Ask this instead: Nothing about these belongs in an interview. If you need to know about availability around religious observance, ask about schedule requirements instead.
Source: Title VII of the Civil Rights Act of 1964
Prohibited question: Are you pregnant, or planning to become pregnant?
Pregnancy-related discrimination is prohibited under federal law.
If you're a candidate
"I'm able to meet the schedule and requirements of this role" addresses the legitimate concern without disclosing anything personal. Sharing more if you want to is a legitimate choice too — you're just never required to.
If you're hiring
Ask this instead: State the role's schedule and physical requirements directly and ask whether the candidate can meet them.
Source: Pregnancy Discrimination Act
Prohibited question: Do you have a disability, or have you filed a workers' comp claim?
Pre-offer disability inquiries are prohibited. Medical questions are only permitted after a conditional offer, and only applied uniformly.
If you're a candidate
"I'm able to perform all the essential functions of the role" is the expected, sufficient answer at this stage. Answering more fully is your choice too, if you're comfortable doing so.
If you're hiring
Ask this instead: Describe the essential functions of the role and ask whether the candidate can perform them, with or without reasonable accommodation.
Source: Americans with Disabilities Act (ADA)
More about Delaware's protections
- Federal law prohibits discrimination based on race, color, religion, sex, national origin, age (40+), disability, and genetic information.Source: EEOC
- Many states and cities provide broader protections than federal law, including on salary history and sexual orientation — check your state's labor office for what applies where you're interviewing.Source: State labor offices vary
Often assumed illegal — but isn't
What are your salary expectations?
Legal everywhere federally. It's salary HISTORY (what you were previously paid) that some states and cities restrict — expectations going forward are always fair game to ask.
Come with a researched range rather than a single number, and give the range, not a number you'd anchor too low or too high.
Are you legally authorized to work in the United States?
Employers may — and generally must — confirm work authorization for every hire, regardless of citizenship or background.
Answer directly (yes/no). You're not obligated to volunteer visa type, sponsorship needs, or immigration details unless the employer separately asks and it's relevant.
Why did you leave your last role?
One of the most standard interview questions there is — asking about your employment history and reasons for moving on isn't discriminatory in any way.
Keep it brief and forward-looking (new opportunity, career growth, restructuring) rather than dwelling on conflict, even if the real reason was negative.
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