DELAWARE BACKGROUND SCREENING

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.

Federal Laws

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:

• Provide applicants with a copy of their credit report before making an adverse decision based on the report.
• Provide applicants with an opportunity to dispute any inaccurate or incomplete information in their credit report.
• Not discriminate against applicants based on their credit report.

State Laws

In addition to the FCRA, employers in Delaware are also subject to the following state laws:

• The Delaware Fair Employment Practices Act (DE FEPA) prohibits employers from discriminating against applicants based on their race, color, religion, sex, national origin, age, or disability.
• The Delaware Code Title 16, Chapter 11, Section 1141 allows applicants to request a copy of their criminal history record from the Delaware Department of Correction.
• 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.

Employer Obligations

Employers in Delaware have a number of obligations when conducting background checks. These obligations include:

• Obtaining written consent from applicants before conducting a background check.
• Limiting the scope of the background check to information that is relevant to the job.
• Obtaining the background check from a reputable source.
• Providing applicants with a copy of the background check report before making an adverse decision based on the report.
• Not discriminating against applicants based on the information in the background check report.

Applicant Rights

Applicants in Delaware have a number of rights when it comes to background checks. These rights include:

• The right to be informed about the nature and scope of the background check.
• The right to dispute any inaccurate or incomplete information in the background check report.
• The right to be provided with a copy of the background check report before an adverse decision is made.
• The right to not be discriminated against based on the information in the background check report.

Conclusion

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.

Delaware Ban the Box Laws

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:

• Employers are not allowed to ask about arrests that did not lead to convictions.
• Employers are not allowed to ask about convictions that have been expunged or sealed.
• Employers are not allowed to discriminate against applicants based on their criminal history unless the conviction is directly related to the job.

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.