State of Delaware Enacts “Ban the Box” Legislation for Public Employers

May 15, 2014 | Bryan Barajas

bantheboxOn May 8th, the state of Delaware enacted H.B. 167, which will prohibit public employers from inquiring into an applicant’s criminal and credit histories prior to extending a job offer. Specifically, the bill limits employers’ consideration of felonies to ten years from the completion of sentence, and misdemeanors to five years from the completion of sentence. After an employer has determined that an applicant is otherwise qualified and has conditionally offered the applicant a position, an employer would be permitted to consider an applicant’s criminal history, credit history, or credit score. It is noteworthy that the legislation specifically lists “credit scores” as such are not used for employment screening purposes. The bill requires that employers consider several factors in connection with any decision regarding employment:


  • The nature of the crime and its relationship to the duties of the position;
  • Any information pertaining to the degree of rehabilitation and good conduct;
  • Whether the prospective job provides an opportunity for the commission of a similar offense;
  • Whether the circumstances leading to the offense are likely to reoccur; and
  • The amount of time that has elapsed since the offense.$file/legis.html?open

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