New Delaware Sexual Harassment Training Regs

UPDATE: The new Delaware sexual harassment law is now in effect.

Beginning January 1, 2019, each employer must distribute the Department of Labor’s Sexual Harassment Notice to each new employee upon commencement of employment.

(The notice goes beyond defining sexual harassment and provides several examples, cautions against retaliation, and gives instructions on filing a complaint with the Department of Labor. The Sexual Harassment Notice is available on the Department’s website: https://dol.delaware.gov/index.php.)

• In workplaces with 50 or more employees, employers are required to provide interactive training on sexual harassment prevention for all existing employees and additional training to supervisors about their responsibilities and the retaliation prohibitions.

• The training must be provided to all new employees and supervisors within one year of commencement of their position.

View our Sexual Harassment Training Courses

Delaware Harassment Training Requirements Under DE Title 19:

Source: https://delcode.delaware.gov/sessionlaws/ga149/chp399.shtml

Reads:

(a) Training requirements for an employer having 50 or more employees in Delaware. —

(1) An employer shall provide interactive training and education to employees regarding the prevention of sexual harassment.

(2) Such training shall be provided to employees as follows:

a. To new employees within 1 year of the commencement of employment and thereafter every 2 years;
b. To existing employees by January 1, 2020, and thereafter every 2 years.

(3) The training shall include all of the following:

a. The illegality of sexual harassment;
b. The definition of sexual harassment using examples;
c. The legal remedies and complaint process available to the employee.
d. Directions on how to contact the Department.
e. The legal prohibition against retaliation.

(4) Supervisor training. —

a. An employer shall provide additional interactive training to all supervisors as follows:

1. To new supervisors within 1 year of the commencement of employment as a supervisor, and thereafter every 2 years;
2. To existing supervisors by January 1, 2020, and thereafter every 2 years.

b. Such training shall include all of the following:

1. The specific responsibilities of a supervisor regarding the prevention and correction of sexual harassment;
2. The legal prohibition against retaliation.

(5) Training provided prior to January 1, 2019. — If an employer provided training to employees or supervisors prior to January 1, 2019, that would satisfy the requirements under this subsection, no additional training is required under this subsection until January 1, 2020.

(6) Numerosity and training requirement. —

a. Employers do not count applicants or independent contractors towards the numerosity requirement under this subsection.
b. Employers are not required to provide training under this subsection to applicants, independent contractors, or employees employed less than 6 months continuously.
c. Employment agencies are the only employers required to count and provide training to employees placed by employment agency under this subsection.

(81 Del. Laws, c. 399, § 1.)

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