Can a Delaware Employer run a Credit Report as Part of a Background Check?

Can a Delaware Employer run a Credit Report as Part of a Background Check?

Delaware House Bill No. 167 (H.B. 167) amends Titles 19 and 20 of the Delaware Code with regard to employment practices.

Under H.B. 167, it is an unlawful employment practice for any public employer in Delaware to inquire into or consider the credit history or credit score of an applicant for employment during the initial application process, up to and including the first interview.

A public employer may inquire into or consider an applicant’s credit history or credit score after it has determined that the applicant is otherwise qualified and has conditionally offered the applicant the position. The requirements of this law shall not apply where a credit check is a requirement of State or federal law for a particular class of services.