Wilmington, Delaware Adopts Ban the Box Law

Author: David B. Weisenfeld, Brightmine Legal Editor

Add Delaware's largest city to the growing list of employers that can no longer ask applicants about their criminal history on job application forms.

Wilmington Mayor James Baker issued an executive order on December 10 mandating the so-called Ban the Box ordinance. Ban the Box refers to the "box" on job applications forms where prospective employees are asked whether they have been convicted of a crime.

Under the new law, city job applications will no longer include a question to applicants about their criminal history. An exception is allowed for uniformed public safety jobs in Wilmington's police and fire departments. Also, the measure does not prevent the city from conducting criminal background checks once a conditional job offer has been made to an applicant.

In adopting the Ban the Box law, Wilmington joins a host of other cities with similar laws including New York, Chicago, Boston, Philadelphia, San Francisco and Washington, DC. The impetus behind such measures is to prevent employers from automatically disqualifying qualified individuals with criminal records from re-entering the workforce.

Additional Resources

Ban the Box Laws by State and Municipality

Recruiting and Hiring > Preemployment Screening and Testing > Background Checks

EEOC Offers New Guidance on Arrest and Conviction Records