Delaware governor signs ‘ban the box’ bill

May 09, 2014 0 COMMENTS

by Molly DiBianca

Delaware has joined the ranks of states adopting “ban the box” laws, measures that limit how employers can request criminal history information during the hiring process.

Delaware’s law, signed into law by Governor Jack Markell on May 8, makes criminal histories and credit scores off limits on applications for public-sector jobs. Here are key aspects of the law:

  • Public employers and state contractors are prohibited from inquiring into or considering the criminal record, criminal history, or credit history or score of an applicant before making a conditional offer of employment.
  • Employers may perform a background check once a conditional offer has been made, but they may consider felonies for only 10 years from the completion of the sentence and misdemeanors for five years from the completion of the sentence.
  • The law also requires employers to consider several factors when deciding whether to revoke a conditional offer of employment because of the results of a criminal background check. Those factors include the nature of the crime, rehabilitation, and the criminal activity’s relationship to the position.
  • Although the law applies to public employers, including state contractors, it provides for an exception for contractors that are subject to conflicting state or federal laws. For example, a child-care facility that contracts with the state isn’t subject to the law because it’s obligated by other state laws to comply with certain background-screening requirements.

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Four ECN Blogs Make LexisNexis Top 25 Listing

September 15, 2011 0 COMMENTS

Employers Counsel Network LogoFour employment law blogs published by law firms that are part of the Employers Counsel Network (ECN) have been named to the LexisNexis Top 25 Labor and Employment Law Blogs of 2011.

Those making the list are: read more…

Delaware Becomes Seventh State to Approve Same-Sex Civil Unions

April 15, 2011 0 COMMENTS

by Lauren A. Moak and Adria B. Martinelli

Beginning January 1, 2012, Delaware will allow same-sex civil unions and also will recognize similar unions performed in other states. Yesterday, the Delaware House of Representatives approved Senate Bill 30, a bill that establishes and recognizes same-sex civil unions while also requiring that the word “marriage” where it appears in the Delaware Code be interpreted to mean “marriage or civil union.”

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Delaware Expands Antidiscrimination Protection in State Government Workplaces

August 13, 2009 0 COMMENTS

Delaware Governor Jack Markell has signed an executive order that broadens the scope of discrimination protection in state government workplaces. Specifically, the order prohibits discrimination based on gender identity or expression and extends discrimination protection to all military veterans (instead of just Vietnam War veterans).

While discussing the executive order and his administration’s commitment to equality, Markell noted, “Discrimination in any form is wrong, and I will not stand for it as governor.” He further added, “I am proud to issue this executive order. It sends a clear signal that Delaware’s state government does not tolerate discrimination and is serious about fostering an inclusive working environment. Delaware’s state government must reflect the rich diversity of the citizens it serves.”

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