Summary:
All Delaware employers, which employ 50 or more employees, must provide sexual harassment training to all employees every two years. On August 29, 2018, Delaware signed into law sexual harassment training requirements effective January 1, 2019.
Are there any relevant Delaware laws I should know about?
Del. Code Title 19, 711A (g); House Substitute 1 for House Bill 360. (1)
What companies must provide training?
Employers having 50 or more employees in Delaware. (2)
Who must be trained?
All employees (excludes contractors or temporary workers, unless an Employment Agency) (3) and supervisors. (4)
How frequently must employees be trained?
Every 2 years.
When must employees be trained?
Within 1 year of being hired or promoted to supervisor. All existing employees must be trained by January 1, 2020. (5)
What are the minimum training requirements?
- Interactive training and education regarding the prevention of sexual harassment including:
- The illegality of sexual harassment
- The definition of sexual harassment using examples
- The legal remedies and complaint process available to the employee
- Directions on how to contact the Department
- The legal prohibition against retaliation
- Additional interactive training to all supervisors including:
- The specific responsibilities of a supervisor regarding the prevention and correction of sexual harassment
- The legal prohibition against retaliation
- There is no minimum amount of training time so long as the training meets the minimum standards required
- The law does not codify the requirements for training to be considered interactive
- House Substitute 1 for House Bill 360 was signed on August 29, 2018 with an effective date of January 1, 2019 which amended Delaware Code Title 19, Chapter 7, 711A (g) requiring harassment training. House Amendment 2 to House Substitute 1 for House Bill 360 removed the 90 minute training requirement.
- Employers do not count applicants or independent contractors towards the numerosity requirement under this subsection but should count unpaid full-time employees, part-time employees, interns, joint employees and apprentices
- An Employee is defined as an individual employed by an employer and includes state employees, unpaid interns, applicants, joint employees and apprentices BUT employers are not required to provide training to applicants, independent contractors, or employees employed less than 6 months continuously. Employment agencies are the only employers required to count and provide training to employees placed by employment agency under this subsection
- “Supervisor” means an individual that is empowered by the employer to take an action to change the employment status of an employee or who directs an employee’s daily work activities
- Existing employees are those that were employed as of the effective date of the bill which was January 1, 2019
- The law is silent on piggy-backing
