Information Sheet Due to Employees Beginning in 2019

Effective January 1, 2019, Delaware employers with 4 or more employees are generally covered by the state’s new sexual harassment law. The following chart explains the law and its requirements in detail.

What is Unlawful Sexual Harassment?

Sexual harassment occurs when an employee is subjected to conduct that includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

  • Submission to such conduct is made either explicitly or implicitly a term or condition of an employee’s employment;
  • Submission to or rejection of such conduct is used as the basis for employment decisions affecting an employee; or
  • Such conduct has the purpose or effect of unreasonably interfering with an employee’s work performance or creating an intimidating, hostile, or offensive working environment.

When are Employers Responsible for Sexual Harassment?

  • supervisor’s sexual harassment results in a negative employment action of an employee;
  • The employer knew (or should have known) of a non-supervisory employee’s sexual harassment of an employee and failed to take appropriate corrective measures; or
  • A negative employment action is taken against an employee in retaliation for the employee filing a discrimination charge, participating in an investigation of sexual harassment, or testifying in any proceeding or lawsuit about the sexual harassment of an employee.

Must Employers Provide Notice to Employees?

Yes. Every employer must distribute a sexual harassment information sheet:

  • To new employees at the commencement of employment; and
  • To existing employees within 6 months of January 1, 2019.

Must Employers Provide Sexual Harassment Training?

Yes. Effective January 1, 2019, Delaware employers with 50 or more employees generally must provide interactive training and education regarding the prevention of sexual harassment to:

  • New employees within 1 year of the commencement of employment and thereafter every 2 years; and
  • Existing employees by January 1, 2020, and thereafter every 2 years.

In addition, effective January 1, 2019, Delaware employers with 50 or more employees generally must provide additional interactive training to:

  • New supervisors within 1 year of the commencement of employment as a supervisor, and thereafter every 2 years; and
  • Existing supervisors by January 1, 2020, and thereafter every 2 years.

Training must include certain items noted in the law.

Additional requirements and exceptions to the information above may apply. For more information, please contact the Delaware Department of Labor at 1-302-761-8200.

Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency.

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