Delaware Signs “Ban the Box for State Employers

Delaware’s Governor recently signed a “ban the box” law to prohibit public employers from inquiring into or considering the credit or criminal history of a job candidate during the initial application process (up to and including the first interview), unless otherwise required by state or federal law. Public employers must state this restriction in all “formal solicitations.

This new Delaware law does not specifically cover or define “vendors doing business with the State,” it explicitly “encourages” vendors to adopt policies in accordance with the statute. In light of this suggested encouragement, private employers that seek or hold contracts with the State of Delaware should consider refraining from inquiries into an applicant’s credit or criminal history until after the first interview.

This is an ongoing trend we are seeing from many cities and states across the country and most for State and City workers, however, we encourage employers to review their current application with their legal counsel to ensure their application is up to par with these regulations. 

Other states/cites that have “Ban the Box” for all Private and Publically Traded employers include:  Hawaii, Massachusetts, Minnesota, Rhode Island, Buffalo, NY, Newark, NJ, Philadelphia, PA San Francisco, CA and Seattle, WA.