Delaware Sexual Harassment Online Training 

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Delaware Sexual Harassment Training Now Required by Law​

Employers must provide sexual harassment training to all employees every two years under the Delaware Discrimination in Employment Act (DDEA), as amended in 2018 by HB 360.

The following FAQs are intended to help organizations comply with the Delaware sexual harassment training requirements.

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FAQs

Who is protected by the Delaware law prohibiting sexual harassment?
The Delaware Discrimination in Employment Act applies to employers with four or more employees in the state.

The 2018 amendment expanded the definition of “employees” who are protected from sexual harassment to include state employees, unpaid interns, applicants, joint employees, and apprentices.
Which employers must provide sexual harassment training?
The DDEA requires employers with 50 or more employees in Delaware to provide interactive sexual harassment training for all employees.

In determining whether an employee meets the 50-employee threshold, employers do not need to count applicants, independent contractors, or those who are employed fewer than six continuous months.
Who must receive sexual harassment training?
Employers must provide the training to all employees, including supervisors and non-supervisors.

Training for applicants, independent contractors, or those who are employed less than six months continuously is not required.
When must new employees and new supervisors be trained?

New employees must receive training within one year of their start date. New employees do not have to be trained until they have been employed continuously for six months.

New supervisors must receive training within one year of becoming a supervisor.

Must employers retrain employees?

Yes. Employers must retrain all supervisory and nonsupervisory employees every two years.

What must be included in the content of the training?

The Colorado Civil Rights Commission recommends that employers “take all steps necessary to prevent discrimination, including harassment, from occurring, such as … training.” See 3 CCR 708-1, Rule 20.6. See also Civil Rights Division Questions (recommending practices to "avoid a complaint of discrimination, ina

All employees must receive interactive sexual harassment training on 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

Supervisors must receive the training content outlined above, plus training that addresses the specific responsibilities of a supervisor to prevent and correct sexual harassment, and the legal prohibition against engaging in retaliation.

Clear Law Institute’s interactive online training course, Positive Workplace: Preventing Harassment at Work, includes all of the required content from the Delaware sexual harassment training law.

cluding but not limited to, periodic civil rights protections and responsibilities training…").

Additionally, EEOC guidelines and court decisions from around the country have made clear that employers should provide workplace harassment training to all employees periodically. The training should cover not just sexual harassment, but all forms of unlawful harassment related to federal and state-protected characteristics.

The Colorado Fair Employment Practices Act prohibits discrimination or harassment on the basis of protected characteristics such as age (40+), ancestry, color, creed, disability, gender identity or expression, marriage to a coworker in certain circumstances, national origin, race (including hair texture, hair type, or a protective hairstyle commonly or historically associated with race, such as braids, locs, twists, tight coils or curls, cornrows, Bantu knots, Afros, and headwraps), religion, sex (including pregnancy, childbirth, and related conditions), and sexual orientation.

For more information on Colorado equal employment opportunity requirements, see Colorado DRA Civil Rights Division, Discrimination.

Local ordinances provide broader protections, so you should check the local Civil Rights Commission regulations applicable to your workplace.

Learn more about our Colorado Sexual Harassment Training

Did the 2018 amendments to the DDEA include any other harassment-prevention provisions?

Yes, as summarized below:

Required Written Notice:

Employers with at least four employees working in Delaware must distribute a Delaware Sexual Harassment Notice to all new hires, at the time of initial hire.  The employer may provide the notice physically or electronically.

The Delaware Department of Labor has published a Delaware Sexual Harassment Notice, contains provides information on the Delaware law prohibition against sexual harassment and retaliation.

Liability Standard:

Under the Delaware Discrimination in Employment Act, an employer can be held liable for sexual harassment of an employee if:

  • the employer knew, or should have known, of sexual harassment committed by a non-supervisory employee but failed to take appropriate corrective measures;

  • a supervisor committed harassment that resulted in a negative employment action of an employee; or

  • negative employment action is taken against an employee in retaliation for filing a discrimination charge, participating in an investigation of sexual harassment, or testifying or lawsuit about the sexual harassment of an employee.

Negative employment action means an action taken by a supervisor that negatively impacts an employee's employment status.

Delaware employers can avoid liability for acts of sexual harassment by a non-supervisor if they can prove that:

  • the employer exercised reasonable care to prevent and correct any harassment promptly, and

  • the employee unreasonably failed to take advantage of any preventative or corrective opportunities provided by the employer.

Where can I learn more?

For more information on Clear Law Institute’s 50-state compliant online sexual harassment training and workplace harassment training, click here or call 703-372-0550.

About the Author

Michael Johnson, CEO of Clear Law Institute, is a former U.S. Department of Justice attorney who brought one of DOJ’s first “pattern or practice” sexual harassment cases. He has provided training and consulting on harassment prevention or investigations to organizations around the world, such as the EEOC, the United Nations, and Google. He is a graduate of Duke University and Harvard Law School.  Read more about Michael here. 

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Clear Law's Online Sexual Harassment Training

No Rerun

Each year we provide a new course at no cost so that your employees aren’t forced to take the same training year after year.

50-State Compliant

Our online training fulfills the sexual harassment training requirements of all federal and state laws, including those in California, Connecticut, Delaware, Illinois, Maine, New York State, and New York City.​

Free Legal Updates

With Clear Law Institute’s in-house legal expertise, you can be assured that our training is legally accurate and kept up-to-date with any changes in federal or state laws.

Users Can Ask Question

We answer users’ questions about the training content within one business day, as required by various sexual harassment training laws.

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Our courses utilize a story-based approach with an engaging instructional design that focuses on the nuances of “gray areas.” Our courses are available in English, Spanish, and numerous other languages.

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