Delaware General Assembly

Passed

The General Assembly has ended, the current status is the final status.

HB 167

1/28/14

J. Johnson

This amendment replaces proposed 19 Del. C. § 711(g)(2) and (3) as articulated in the original House Bill 167. It eliminates the 5 and 10 year look back limitations contained in previous paragraph 2 to allow for more individualized consideration of criminal records. It also replaces the previous factors for consideration with those articulated in the Federal EEOC Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964. Available at: http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm. The amendment clarifies that a public employer may inquire into an applicant’s criminal history after the first interview, eliminating an inconsistency in the original bill which referred to an allowable inquiry after a “conditional offer” in paragraph 2. Additionally, this amendment replaces the mandate that the State do business only with vendors who employ substantially similar employment practices with a requirement that the State include language encouraging similar employment practices in all business solicitations. Finally, an effective date of 180 days after enactment has been added to allow public employers time to bring forms and practices into compliance.

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