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Summary of differences between federal and state regulations
Effective January 1, 2019, Delaware law requires employers with four or more employees to provide a fact sheet on sexual harassment. Employers with 50 or more employees must also provide interactive training to all employees and supervisors within one year after hire. Existing employees must be trained within one year of the effective date of the statute (by January 1, 2020). Training must be repeated at least every two years. Additional training must be provided to supervisors regarding their specific responsibilities.
The training program must include:
- Information about the illegality of sexual harassment
- Definitions and examples of illegal sexual harassment
- Available legal options for employees to file complaints
- Contact information for the Delaware Department of Labor
- Guidance regarding the illegality of retaliation
The required fact sheet should cover the same information as the training, including a notice of an employee’s right to be free from harassment at work, and it must be distributed physically or electronically at the time of hire.
The law also clarifies the definition of sexual harassment as “conduct that includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.” In addition, the law defines “employee” quite broadly, including unpaid interns, applicants, joint employees, and apprentices in the list of individuals an employer is required to protect from harassment. However, employers are not required to provide training to independent contractors or applicants, nor are they counted in the number of employees when considering a company’s training obligations.
Federal
Contact
Equal Employment Opportunity Commission (EEOC)
Regulations
29 CFR Part 1604, Guidelines on Discrimination Because of Sex