Employee Privacy: Delaware

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

Authors: Lindsay O. Clizbe and Michael B. Rush, Potter Anderson & Corroon LLP

Updating Author: XpertHR Editorial Team

Summary

• Delaware employers must comply with unique notification requirements before monitoring employee telephone conversations, email and internet usage. See Electronic Monitoring of Employees.
• Delaware restricts employer access to certain criminal records in connection with background checks. See Criminal Records.
• Delaware permits the use of marijuana for medical purposes. See Medical Marijuana.
• Delaware law requires that employers in specific industries conduct drug testing of employees and/or applicants for employment. See Drug Testing.
• Delaware law prohibits employers from collecting the genetic information of employees or prospective employees, with certain exceptions. See Genetic Information.
• Employers who fall victim to a security breach must take certain steps if that security breach compromised the personal information of a Delaware resident. See Security Breach.
• Delaware employers must grant an employee's request to review that employee's own personnel file, but may place several restrictions on the scope of that review. See Recordkeeping.
• Because Delaware law recognizes the tort of invasion of privacy, employers must take care that their actions in conducting background checks, searches and testing do not intrude upon an employee or applicant's physical solitude. See Employee Right to Privacy.