Delaware Sexual Harassment Training Now Required by Law
Delaware has become the fifth state to pass a state statute requiring sexual harassment training, joining California, Connecticut, Maine, and New York. On August 29, 2018, Delaware Governor John Carney signed into law HB 360, which amends the Delaware Discrimination in Employment Act (DDEA). Among other things, the law, which becomes effective on January 1, 2019, requires certain employers to provide sexual harassment training to all employees every two years.
Who is protected by the new sexual harassment law?
The Delaware Discrimination in Employment Act applies to employers with four or more employees in the state. The new law expands the definition of “employees” who are protected from sexual harassment to include state employees, unpaid interns, applicants, joint employees, and apprentices. Delaware law requires employers with 50 or more employees in Delaware to provide interactive sexual harassment training for all employees. In counting the number of “employees” to meet the 50-employee requirement, employers do not need to count applicants, independent contractors, or those who are employed less than six months continuously.
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