Delaware HR guidance for practitioners.
Pick a topic below to see the federal rule, the DE statute, and the practitioner steps Ask HR AI walks you through in a session.
Delaware at a glance
- Report lookback: 7 years (FCRA default). Delaware applies FCRA timing; certain records may be expunged under 11 Del. C. §4373.
- Ban-the-box: Public sector. 19 Del. C. §711 prohibits public-employer criminal inquiries before the first interview. No statewide private-employer rule.
- Salary history: Banned (19 Del. C. §709B). Employers may not screen applicants based on compensation history or seek that history from prior employers.
- Cannabis: Medical + recreational (2025). HB 1 (2023) legalized adult-use cannabis with retail rollout in 2025. Employer drug-free workplace rights are preserved pending Department of Labor guidance.
Delaware topics
FCRA adverse action in Delaware
The two-step FCRA adverse action process: pre-adverse notice with a copy of the report and Summary of Rights, a reasonable waiting period, and the final adverse action notice.
Read the DE guideBan-the-Box and Fair Chance hiring in Delaware
When employers may ask about criminal history, individualized assessment requirements, and the state and city ordinances that add rules on top of federal EEOC guidance.
Read the DE guideWage and hour in Delaware
FLSA exempt vs non-exempt classification, overtime rules, meal and rest breaks, off-the-clock work, and state daily-overtime rules that overlay the federal floor.
Read the DE guideLeaves and accommodations in Delaware
Coordinating FMLA, ADA reasonable accommodation, workers' comp, pregnancy accommodation, and state paid family and medical leave programs.
Read the DE guideDrug testing and marijuana in Delaware
Pre-employment, reasonable-suspicion, and post-accident drug testing across states with off-duty cannabis protections and safety-sensitive carve-outs.
Read the DE guidePay transparency and pay equity in Delaware
State and city pay range disclosure laws, pay equity analyses, and how to respond to an applicant's compensation question.
Read the DE guideHarassment prevention and training in Delaware
Mandatory sexual harassment training in CA, NY, IL, CT, DE, ME, WA — plus prevention policies, complaint channels, and Faragher/Ellerth defenses.
Read the DE guideBackground check basics for HR in Delaware
What a compliant employment background check includes, FCRA disclosure and authorization, and how to interpret common report components.
Read the DE guideRelated SafestHires resources for Delaware
- Delaware background-check rules — the underlying state-screening reference.
- Delaware FACIS healthcare screening — Medicaid exclusion and licensing boards.
- All states — jump to another state.