Interviewing and Selecting Job Candidates: Delaware

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

Author: Jessica Sussman

Summary

• 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.
• State law prohibits employers from screening job applicants based on their salary history and from seeking that information before a conditional job offer has been accepted. See Salary History.
• 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.