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Delaware Mandates Sexual Harassment Prevention Training In The Workplace

Delaware’s new law provides protections to employees, mandates notice requirements and requires larger employers (those with 50 or more employees) to provide sexual harassment prevention training. Beginning on January 1, 2019, employers with four or more employees will be required to provide an Information Sheet issued by the Delaware Department of Labor to all new employees when they begin employment. Employers may distribute the information sheet either electronically or in hard copy and will have six months after the effective date (until July 1, 2019) to send it to existing employees.

Training Requirements for Employers with 50+ Employees

Employers with 50 or more employees must provide interactive sexual harassment prevention training to all employees every two years. Supervisors must be provided with additional training.

The training must include:

  • The illegality of sexual harassment;
  • The definition of sexual harassment using examples;
  • The legal remedies and complaint process available to the employee;
  • How to contact the Department of Labor;
  • The legal prohibition against retaliation.

Additionally, supervisors must receive training regarding:

  • The specific responsibilities of supervisors to prevent and correct sexual harassment; and
  • The legal prohibition against retaliation.

All employees must receive sexual harassment training by January 1, 2020. Employers who already have a statutory-compliant training program in place, however, are exempt until January 1, 2020.

After the initial training, existing employees must receive sexual harassment training every two years. New employees must receive sexual harassment training within one year of hire, and every two years thereafter. New supervisors must receive supervisor-specific training within one year of hire or promotion to supervisor, and then every two years thereafter.

Preparing for January 1, 2019

During 2019, employers with 50 or more employees must hold a training that complies with the statute. However, an employer that already has a training program that meets the statutory requirements is exempt from training until January 1, 2020.

Additionally, employers must send the Delaware Department of Labor’s sexual harassment information sheet to all existing employees by July 1, 2019. New hires must receive the notice upon commencement of their employment.

Publication/Release Date: 
Oct 29, 2018

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