Delaware Joins the Ban-the-Box Bandwagon

Criminal histories and credit scores will soon be an off-limit topic for job applications in Delaware’s public sector.  HB 167 passed the Delaware Senate on May 1, 2014, and is expected to be signed into law by Gov. Markell soon. criminal_background

As we previously reported, the bill would prohibit public employers and contractors with State agencies from:

inquiring into or considering the criminal record, criminal history, or credit history or score of an applicant before it makes a conditional offer to the applicant.

Continue reading

Bill Would Limit Use of Criminal Histories for Delaware Employers

So-called “ban-the-box” initiatives, which limit employers’ inquiries into an applicant’s criminal history, have been adopted by several cities and municipalities.  Philadelphia adopted such a law in the Spring of 2011.  The City of Wilmington joined the ban-the-box bandwagon in Fall 2012, when then-Mayor Baker signed an executive order that removed a question about criminal convictions from job applications.  But that executive order applied only to applicants seeking work with the City of Wilmington.  Other Delaware employers have not been subject to these restrictions.

A bill is pending in the Delaware legislature, though, would change that and more if passed. Continue reading

Give Me Some Credit! EEOC Credit-Check Case Dismissed

“Give Me Some Credit!” Maybe that’s how the EEOC feels these days, after its high-profile suit against Kaplan Higher Education Corp. was dismissed on January 28, 2013. As readers may remember, the EEOC sued Kaplan in 2010, alleging that its pre-employment credit check policies had a disparate impact upon Black job applicants. Continue reading

Wilmington Joins the Ban-the-Box Bandwagon

criminal_backgroundEmployers’ Ban-the-Box initiatives are taking hold in many states and municipalities. The City of Wilmington has joined the ranks of employers no longer requiring information on an applicant’s criminal history at the time of job application. Mayor Baker signed an executive order on Monday that removes a question about criminal convictions from city job applications.

 

According to Mayor Baker, the city will now conduct criminal background checks only on applicants who have received a conditional job offer. Public safety jobs in the police and fire departments are the only positions excluded from the order. Continue reading

Delaware to Get Its Very Own Background-Check Center

Delaware employers in the long-term- and community-care industries are subject to new background-check requirements.  The Delaware Code as amended by S.B. 216 to establish an electronic web-based “background check center” for employment in long-term care or community settings.  S.B. 216 was signed by Gov. Markell on July 5, 2012.  Continue reading

Social-Media Screening Company Runs Afoul of FCRA

Employers’ use of social media as part of the hiring process continues to make the news. Although much has been made of the nuances of the idea, cyber-screening can be performed lawfully and with positive results–when it’s done properly. When it’s not, though, there can be lots of significant consequences.

To avoid the risks associated with cyber-screening (or to combat a fear of the unknown, perhaps), some employers have turned the task to outside vendors. Instead of performing a Google search on a candidate as part of the in-house screening process, some employers are paying a third party to conduct the search as part of the background check. Continue reading

Fed. Legislation, SNOPA, Would Prohibit Facebook Snooping

Employers who request an employee’s or job applicant’s Facebook password continue to face pushback in legislatures across the country. As I posted last week, several states have introduced bills that would prohibit this type of coerced Facebook access. These states are following Maryland’s example–Maryland was the first (and only, at the moment), to pass this type of law.

Two U.S. Senators were the first on the bandwagon, though, but their bill was unsuccessful. But a new version of the bill made its way back to the House of Representatives on Friday, courtesy of New York congressman Eliot Engel (D). Continue reading