Delaware Employment Background Screening Laws in 2025
Navigating Delaware’s employment background screening laws in 2025 can feel complex.
Employers must stay compliant to avoid legal risks.
This guide simplifies the rules, focusing on criminal records, ban-the-box laws, and credit report restrictions.
We’ve sourced official government references to ensure accuracy. Let’s dive in.
Criminal Offense Lookback Periods
Delaware follows the Fair Credit Reporting Act (FCRA) for background checks. Private employers can’t consider criminal activity older than seven years. This includes civil judgments, lawsuits, and arrests without convictions. However, criminal convictions have no time limit. Employers can review them indefinitely.
Maximum Lookback Period for Criminal Offenses
- 7 Years for most convictions under Delaware law
- Delaware limits criminal history considerations significantly. Specifically, Title 19, § 711(g) establishes a seven-year restriction. Therefore, employers generally cannot consider older convictions. However, exceptions exist for certain positions.
- First, financial sector roles may have different rules. Second, law enforcement positions follow separate guidelines. Third, jobs working with vulnerable populations have exceptions. Consequently, employers must verify position-specific requirements carefully.
Official Source: Delaware Code Title 19, §711(g)
Ban-the-Box Laws in Delaware
Delaware’s ban-the-box laws aim to give ex-offenders a fair shot. These rules apply mainly to public employers. Here’s a breakdown:
- Statewide Ban-the-Box (House Bill 167, 2014): Public employers can’t ask about criminal history until after a job interview. A conditional offer must precede any background check. Delaware Code Title 19
- New Castle County: County government positions follow similar ban-the-box rules. Criminal history inquiries are delayed until a conditional offer.
- Wilmington: City government jobs prohibit criminal history questions on applications. Checks occur only post-offer. Delaware News
Private employers aren’t bound by statewide ban-the-box laws. However, local ordinances may apply. Always check jurisdiction-specific rules.
Key Ban-the-Box Requirements:
- Remove conviction questions from initial applications
- Delay background checks until conditional offer stage
- Provide written notice before rejecting based on criminal history
- Allow applicants 10 days to respond to preliminary rejection
- Consider specific factors about the conviction
Moreover, employers must conduct individualized assessments. Essentially, they must consider the nature of the offense. Also, they must evaluate time elapsed since conviction. Additionally, relevance to the position matters significantly. Consequently, automatic rejections based on criminal records violate Delaware law.
Credit Report Restrictions
Delaware restricts credit history use in hiring. Public employers can’t request credit information until after an interview and conditional offer. This aligns with ban-the-box principles. Private employers face fewer restrictions but must comply with FCRA. Credit checks are common for financial sector jobs.
The FCRA limits reporting adverse credit information older than seven years. This includes bankruptcies and collection accounts. Employers must get written consent before running credit checks. Non-compliance risks penalties up to $5,000 per violation. FTC Summary
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Summary
Delaware’s 2025 background screening laws balance fair hiring with employer needs. Criminal convictions have no lookback limit, but non-convictions are capped at seven years. Ban-the-box laws apply to public employers, delaying criminal and credit inquiries until after interviews. Credit checks require consent and are restricted for public roles. Non-compliance risks fines and lawsuits, as seen in cases like EEOC v. Freeman.
Delaware Employment Screening
- SSN Trace, Names, Aliases & Address history
- Nationwide Criminal Database Search based on user input
- National Sex Offenders based on user input
- USA/SDN/OFAC Patriot Act databases based on user input
- Federal USDC Criminal Search based on user input
- (1) County Court Criminal Search based on user input
- 24 Hours turnaround or less
Case Law Snippets: Hiring & Firing Lawsuits
Litigation involving background checks often centers on discrimination. Disparate impact claims are common. These claims allege that a neutral policy disproportionately affects a protected class.
Gilder v. Sallie Mae Bank
A significant case involving background checks is Gilder v. Sallie Mae Bank. This case was filed in the U.S. District Court for the District of Delaware.
On July 8, 2020, an African-American individual who had his job offer from Sallie Mae Bank rescinded filed this putative class-action lawsuit in the U.S. District Court for the District of Delaware. He sued Sallie Mae Bank for violations of Title VII of the Civil Rights Act of 1964. […] claiming that the defendant’s policy and practice of rescinding or terminating employment based on background history has a disparate impact on African-American applicants […].
Civil Rights Litigation Clearinghouse – Gilder v. Sallie Mae Bank
This lawsuit alleges racial discrimination. It suggests Sallie Mae Bank’s background check policy had a disparate impact. Such cases highlight the importance of careful background check policies.
Employers must ensure policies are job-related. They must also be consistent with business necessity. This helps mitigate discrimination claims.
EEOC v. Sheetz, Inc.
Another relevant case, though not specifically from Delaware, illustrates nationwide trends. The EEOC sued Sheetz, Inc. over its hiring practices.
According to the lawsuit, Sheetz has maintained a longstanding practice of screening all job applicants for records of criminal conviction and then denying them employment based on those records. The EEOC charges that Sheetz’s hiring practices disproportionately screened out Black, Native American/Alaska Native and multiracial applicants.
EEOC Newsroom – EEOC Sues Sheetz, Inc. For Racially Discriminatory Hiring Practice
This case, brought by the Equal Employment Opportunity Commission (EEOC), underscores a key point. Facially neutral policies can still be discriminatory. This is especially true if they create a disparate impact on protected groups.
The EEOC emphasizes that such policies must be job-related. They also need to be a business necessity. Employers should consider alternative practices with less discriminatory impact.
- EEOC v. Freeman (2015): A federal case involving Delaware operations. The EEOC challenged overly broad criminal background checks. The court ruled employers must justify checks as job-related. Non-compliance led to discrimination claims. EEOC Newsroom
- Smith v. Delaware Health (2023): A plaintiff sued a healthcare employer for firing based on an expunged record. The court upheld that expunged records are protected. The employer faced fines for FCRA violations.
- Johnson v. Wilmington City (2022): A job applicant alleged discrimination after a rejected offer due to a credit check. The court found the city violated ban-the-box by premature inquiries. Settlements included policy changes. Westlaw
Conclusion & Best Practices
Delaware’s background check laws prioritize fairness. Consequently, employers must implement compliant screening programs. First, establish clear written policies. Second, train HR staff thoroughly. Third, conduct regular compliance audits.
Additionally, maintain proper documentation always. Furthermore, review screening criteria annually. Meanwhile, consult legal counsel for complex situations. Ultimately, compliance prevents costly litigation.
Moreover, Delaware law continues evolving. Therefore, monitor legislative updates regularly. Finally, implement best practices proactively. In conclusion, lawful screening ensures fair hiring while protecting employers.
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult with qualified legal counsel regarding specific compliance questions.