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 became effective on January 1, 2019, requires certain employers to provide sexual harassment training to all employees every two years.
Which organizations need to provide training?
The 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.
Who needs to be trained?
Employers must provide the training to all employees, including supervisors and non-supervisors. They do not need to provide the training to applicants, independent contractors, or those who are employed less than six months continuously.
How frequently do employees need to be trained?
The training must be repeated every two years.
When must employees be trained?
Training must be conducted for new employees within one year of their date of hire. Existing employees being promoted to a supervisor role must receive training within one year of the effective date of the new statute.
What are the minimum training requirements?
The training must be interactive and cover the following topics:
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 of Labor
The legal prohibition against retaliation
In addition, supervisor training must include the specific responsibilities of a supervisor to prevent and correct sexual harassment, while addressing the legal prohibition against retaliation.