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Interviewing and Selecting Job Candidates: Delaware

Interviewing and Selecting Job Candidates requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: Jessica Sussman


  • The Delaware Discrimination in Employment Act and the Handicapped Persons Employment Protections Act make it illegal for employers above a certain size to discriminate against a protected class in any aspect of employment. See The Application Process.
  • Employers may inquire about a candidate's religion, genetic information, age, sex, sexual orientation or national origin, only if the inquiry is based on a bona fide occupational qualification. See BFOQ Exception.
  • In Delaware, employers may not ask job applicants about criminal records that have been expunged, unless the position is with a law enforcement agency. See Arrest and Conviction Inquiries.
  • Public employers are subject to an additional prohibition regarding criminal history inquiries on job applications. See Ban the Box Law.
  • Certain employers are required to screen job applicants for illegal drugs as part of the selection process. See Drug and Alcohol Inquiries.
  • Delaware courts recognize a cause of action for negligent hiring. See Negligent Hiring.
  • A new law bans employers from demanding access to job applicants' or employees' personal social media accounts. See Social Media Privacy Protection.