House Bill 167 Summary

• Prohibits public employers in Delaware from inquiring about or considering an applicant's criminal record, criminal history, credit history, or credit score during the initial application process and first interview.

• Allows public employers to consider criminal history after the first interview if the applicant is otherwise qualified, provided the exclusion is job-related and consistent with business necessity.

• Requires public employers to consider three factors when evaluating criminal history: the nature and gravity of the offense, the time elapsed since the offense or sentence completion, and the nature of the job sought.

• Exempts state and local police forces, Department of Correction, Department of Justice, Public Defender's Office, Courts, and positions where federal or state law requires consideration of criminal history.

• Directs the State to include in all formal solicitations a statement that it does not consider criminal record, criminal history, credit history, or credit score during initial employment application processes, and encourages vendors doing business with the State to adopt similar policies; becomes effective 180 days after enactment.