Delaware’s Fair Chance Law
Source: National Employment Law Project
Signed on May 8. 2014, HB 167, applies to the state, its agencies, and political subdivisions, such as cities and counties. This bill prohibits the public employer from inquiring into or considering criminial or credit histories of an applicant until after the completion of the first interview. When reviewing a criminal history, the public employer must consider: (1) nature of offense; (2) time passed; and (3) nature of job. Police forces and other positions with a statutory mandate for background checks are exempted. Governor Jack A. Markell endorsed the bill in his State of the State address. Introduced by Rep. James (“J.J.”) Johnson (D),
Commentary: In the initial bill version, the public employer was the directed to consider a criminal record using a combination of factors in the EEOC Guidance and the 1979 Uniform Law Commissioners’ Model Sentencing and Corrections Act. These factors clarified the job-relatedness analysis. However, the bill was amended and the EEOC factors above replaced the language. In addition, the provision encouraging state vendors to adopt similar policies was removed.
