On 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:
http://www.legis.delaware.gov/LIS/lis147.nsf/vwLegislation/HB+167/$file/legis.html?open
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