...
Summary of Differences between Federal and State Regulations
Arrest & conviction record inquiries
Applies to public employers. HB 167-2014.
Effective November 4, 2014, a public employer must determine that an applicant is qualified and must extend a conditional job offer before considering the applicant's criminal history or credit score. Similar to EEOC guidelines, in order to disqualify an applicant based on criminal history, the exclusion must be job related. The employer must consider:
- The nature and gravity of the offense or conduct;
- The time that has passed since the offense or conduct and/or the completion of the sentence; and
- The nature of the job held or sought. Vendors seeking state contracts are encouraged to adopt the same policies but are not required to do so.
Employer Immunity from Disclosure Claims
In Delaware, an employer/former employer may disclose to a prospective employer information about employee/former employee job performance, law violations, or abilities or inabilities related to the position held, unless he/she is not acting in good faith. An employer/former employer may be liable for disclosures not made in good faith. Lack of good faith may be shown if the employer/former employer disclosed information:
- That is knowingly false,
- To deliberately mislead or for a malicious intent,
- In violation of an agreement of nondisclosure, or
- That was confidential by law or regulation.
Employers who receive written requests for “service letters” from a health care, child care, personal or nutritional care facility must provide that facility with a signed service letter about the employee/former employee within 10 business days of the request. The required contents of the service letter are listed at Delaware Code 19-708.
State
State Contact
Employer Immunity from Disclosure Claims
Arrest Record Inquiries
Conviction Record Inquiries
State Regulations
Employer Immunity from Disclosure Claims
Delaware Code 19-708, Special employment practices relating to health care and child care facilities
Delaware Code 19-709, Employment information
Arrest Record Inquiries
Delaware Code Title 11, Section 4374, Disclosure of expunged records
Conviction Record Inquiries
Delaware Code Title 11, Section 4374, Disclosure of expunged records
Federal
Contacts
Employer immunity from disclosure claims
None.
Arrest record inquiries
Equal Employment Opportunity Commission (EEOC)
Conviction record inquiries
Equal Employment Opportunity Commission (EEOC)
Regulations
Employer immunity from disclosure claims
None.
Arrest record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.
Conviction record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.