Background checks are a common part of the hiring process for many employers in Delaware. However, there are a number of laws that govern how employers can use background checks.
Employers in Delaware are subject to the Fair Credit Reporting Act (FCRA), which is a federal law that regulates the use of consumer reports, including background checks. The FCRA requires employers to:
In addition to the FCRA, employers in Delaware are also subject to the following state laws:
Employers in Delaware have a number of obligations when conducting background checks. These obligations include:
Applicants in Delaware have a number of rights when it comes to background checks. These rights include:
Background checks are a common part of the hiring process for many employers in Delaware. However, there are a number of laws that govern how employers can use background checks. Employers who fail to comply with these laws may be subject to legal action. Applicants also have a number of rights when it comes to background checks. It is important for employers and applicants to be aware of these laws and rights in order to avoid any problems.
The Delaware Fair Chance Act (also known as “ban the box”) prohibits employers from asking about criminal history on job applications for most employers with 15 or more employees. The law applies to all job applications, including online applications.
The ban the box law does not prevent employers from conducting background checks. However, it does require employers to wait until after they have made a conditional offer of employment before they can ask about criminal history.
The ban the box law is designed to give applicants with criminal histories a fair chance at employment. It allows applicants to explain their criminal history in person, after they have been offered the job.
If you are an applicant with a criminal history, you may want to consider applying for jobs in Delaware. The ban the box law may give you a better chance of getting hired.
Here are some additional things to keep in mind about background checks in Delaware:
If you believe that an employer has discriminated against you based on your criminal history, you can file a complaint with the Delaware Department of Labor. You can also file a lawsuit in state or federal court.
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