Delaware State Employment Laws
The state of Delaware has restrictions on what can be reported in a background screening report beyond what the Fair Credit Reporting Act (FCRA) dictates.
| Restriction | Explanation |
|---|---|
| Prohibits salary history inquiry during the hiring process | Employers are prohibited from inquiring about an applicant's past salary, per §709B Delaware Code. |
| Ban the Box: State Public Employees | AFFECTS GOVERNMENT CONTRACTORS AND PUBLIC GOVERNMENT EMPLOYERS ONLY - An employer may not ask an applicant about or obtain criminal record information by any means until the applicant has the first interview (if the employer uses first interviews) AND a conditional job offer is first made to the applicant. This law is per House Bill 167 and was signed by the Governor on May 8, 2014. See the statute here for more information. Notable exceptions: This restriction does not apply to state, county or municipal police, or the Department of Corrections. |
| Use of Convictions (Time Limits) | AFFECTS GOVERNMENT CONTRACTORS AND PUBLIC GOVERNMENT EMPLOYERS ONLY A felony conviction may only be reported ten (10) years following release from custody or from sentencing date if not in custody. A misdemeanor conviction may only be reported five (5) years following release from custody or from sentencing date if not in custody. This law is per House Bill 167 and was signed by the Governor on May 8, 2014. See Exceptions See the statute here for more information. Notable exceptions: This restriction does not apply to state, county or municipal police, or the Department of Corrections. |
| Use of Credit Report | AFFECTS GOVERNMENT CONTRACTORS AND PUBLIC GOVERNMENT EMPLOYERS ONLY - An employer may not consider a credit report or credit score until the applicant has the first interview (if the employer uses first interviews) AND a conditional job offer is first made to the applicant. This law is per House Bill 167 and was signed by the Governor on May 8, 2014. See the statute here for more information. Notable exceptions: This restriction does not apply to state, county or municipal police, or the Department of Corrections. |
| Use of Social Media Password Information | Employer may not request employee or applicant to disclose his/her user name, password or other means of accessing the personal accounts, social media, etc. See the statute here for more information. |
Additional Resources
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