You apply for a new role at your company and see a salary range far above your current pay. The job appears to involve work much like yours, and the new hires earning more are a different gender or race. That discovery can leave you questioning whether your pay reflects your work.
If you are a current employee facing this concern, a posting can give you a starting point for reviewing your pay. Delaware lawmakers recently enacted a salary transparency law that will make that information available in more covered job postings.
Starting Sept. 26, 2027, the law generally will require employers with 26 or more workers to disclose a pay range and a general description of benefits and other compensation. An employer may share those details before the law takes effect. If a posting suggests that similar work pays more than you earn, the following steps can help you examine the difference.
Compare the work and pay
Place your job description beside the posting and compare the main duties, required experience, responsibility and location. Note the advertised range, your rate and any stated performance standards. If employees of another race earn more in comparable roles or employees of another sex receive higher pay for substantially equal work, the difference could warrant closer evaluation.
Save the records
Keep a copy of the posting, including its date, title, duties and listed range. Save your pay statements, performance reviews, job description and messages about compensation. Use records you may lawfully access. Do not take confidential personnel files or another employee’s private information.
Ask focused questions
You can ask your manager or human resources how the employer sets pay for your role and what explains the difference. Keep the conversation factual. For example, point to similar duties and ask which factors account for the range or your current rate. Record when you raised the concern and what the employer said.
Consider a complaint
If the response does not resolve your concern, you may contact Delaware’s Office of Anti-Discrimination. The state law generally gives you 300 days from the alleged discrimination or its discovery to file a charge. Federal rules can differ by claim, so check the applicable deadline promptly.
How you can decide what to do next
Consider whether the employer’s explanation addresses your concern and whether your records support raising the issue internally or filing a complaint. The strength of that information can guide your choice.
Before choosing a course, review the deadlines and possible effects of each approach on your circumstances. An employment attorney may examine the facts and help you determine whether the pay gap could support a discrimination complaint.
