What Employers Need to Know: Delaware Hiring Laws

As an employer in the First State, it is crucial to be well-versed in the laws and regulations that govern the hiring process. Adhering to these laws helps foster a fair and equitable workplace and ensures compliance. Whether you are part of a large corporation or a small business owner, understanding Delaware’s hiring laws is fundamental for building an effective and legally compliant workforce.

• At-Will Employment: Delaware follows an “at-will” employment policy, which means that unless there is a specific employment contract in place, either the employer or the employee can terminate the relationship for any reason and at any time, as long as it’s not discriminatory or in violation of public policy. Exceptions to this rule to consider include implied contracts and public policy considerations.
• Background Checks and Criminal History: Delaware employers are allowed to conduct background checks on prospective employees but must adhere to certain guidelines. The Delaware Criminal Background Check System allows employers to request criminal history information for specific positions that require such checks. However, employers should be cautious not to unfairly discriminate against individuals with criminal records, unless the conviction is directly related to the job in question.
• Anti-Discrimination Laws: Delaware’s anti-discrimination laws, as outlined by the Delaware Discrimination in Employment Act (DDEA), prohibit employers from discriminating against employees or job applicants based on protected characteristics such as race, color, religion, sex, national origin, age, disability, and genetic information. It’s important for employers to ensure that their hiring practices, job postings, and interview processes are fair and reflect the policies of the DDEA.   
• Drug and Alcohol Testing: Delaware does not have specific laws regulating drug and alcohol testing for private employers. However, employers must ensure that any testing policies they implement are applied consistently and do not discriminate against certain groups. Additionally, testing procedures should respect an individual’s privacy and follow established best practices.
• Employee Privacy: Delaware law protects employee privacy, particularly in the area of social media. Employers are restricted from demanding access to an employee’s personal social media accounts or requesting login credentials as a condition of employment.
• Family and Medical Leave: Under the federal Family and Medical Leave Act (FMLA), eligible employees in Delaware are entitled to take unpaid leave for certain family and medical reasons. While Delaware does not have its own state-specific family and medical leave law, employers with 50 or more employees within a 75-mile radius must comply with the federal FMLA regulations.
• Equal Pay: The Delaware Equal Pay Act prohibits employers from paying employees of different genders differently for similar work. It’s crucial for employers to conduct regular pay audits to ensure they follow this law and address any inconsistencies that may arise.

Staying informed about hiring rules ensures a fair and comprehensive hiring process and reduces the risk of legal disputes. As the employment landscape changes, keeping up to date with ever-evolving hiring laws is vital. By complying with Delaware’s employment laws, employers can build a workforce that promotes diversity, equality, and productivity, while safeguarding their business from legal troubles.