Understanding Delaware's Workplace Harassment Laws

Delaware's workplace harassment laws are designed to create a safe and respectful environment, ensuring all employees are treated with dignity. This article explores the nuances of these laws, aiding employees and employers in navigating their legal obligations and rights.

Definition and Scope of Harassment in Delaware

Delaware's laws consider a broad range of behaviors to be workplace harassment. This includes any form of unfair treatment or harassment due to race, color, religion, sex (including pregnancy), sexual orientation, national origin, disability, age (40 or older), marital status, or genetic information. Crucially, the laws also address harassment that may not result in economic harm but still creates a hostile work environment. This includes harassment by anyone in the workplace, not just supervisors, and extends to retaliation against employees for engaging in legally protected activities like reporting discrimination.

Sexual Harassment Under Delaware Law

Delaware law defines sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. This is particularly relevant when such conduct affects an individual's employment or creates a hostile work environment. The law applies to all employees, job applicants, apprentices, unpaid interns, and those working for employment agencies, covering a wide spectrum of the workforce. Importantly, sexual harassment can occur regardless of the victim or harasser's gender, and victims do not necessarily have to be the direct target of harassment but can be anyone affected by the offensive conduct.

Legal Protections and Employer Responsibilities

Delaware's laws are comprehensive in terms of employer responsibilities. Employers are accountable for workplace harassment, especially when they are aware of the harassment and fail to take proper corrective actions. This accountability extends to ensuring harassment prevention and responding adequately to incidents. Employers can exercise an affirmative defense by demonstrating that they took reasonable steps to prevent and correct harassment and that the employee failed to utilize these preventive or corrective opportunities.

Reporting and Training Requirements

One of the key aspects of Delaware's laws is the emphasis on training and awareness. Employers with 50 or more employees in the state must provide interactive sexual harassment training every two years. This training must cover the illegality of sexual harassment, its definition, the legal remedies and complaint process available to employees, and the prohibition against retaliation. New employees and supervisors must receive training within a year of hiring or promotion, emphasizing the state’s commitment to ongoing education and prevention.

Filing a Harassment Claim in Delaware

Victims of workplace harassment in Delaware have a 300-day window from the date of the last incident to file a claim, which can be done through the Delaware Department of Labor Division of Industrial Affairs. Additionally, Delaware residents can approach the nearest EEOC office for federal-level claims. The process involves collecting evidence and may require the assistance of legal professionals to navigate successfully.

A Commitment to Safe and Respectful Workplaces

Delaware’s comprehensive workplace harassment laws reflect a strong commitment to safeguarding employees’ rights and fostering a respectful work environment. Understanding and adhering to these laws is essential for all Delaware employers and employees to ensure a workplace free of harassment and discrimination. Take the next step toward a harassment-free workplace with EasyLlama's Delaware Harassment Prevention Training.