​Sexual Harassment Training Guidelines Released

by James DeChene

In advance of the January 1, 2019 enactment date, the Delaware Department of Labor has released the notice sheet employers will be responsible for providing to new and current employees.  Employers can provide either a digital or hard copy of the sheet, which can be found at the Delaware DOL website, with a link on the left side -- https://dol.delaware.gov/

In addition, for employers with 50 or more employees, note you will be required to provide interactive training for all employees within 12 months of the enactment date, and within 12 months for all new employees. That training is required to be repeated every two years. Those who are in supervisory positions will need additional supervisor-specific training as well. Topics for non-supervisor employees must include the following:

1. The illegality of sexual harassment
2. The definition of sexual harassment using examples
3. The legal remedies and complaint process available to the employee
4. Directions on how to contact the Department
5. The legal prohibition against retaliation

For supervisors the additional training must include:

1. The specific responsibilities of a supervisor regarding the prevention and correction of sexual harassment
2. The legal prohibition against retaliation

Note that if employer-provided training to employees or supervisors prior to January 1, 2019, satisfies the requirements listed above, no additional training is required until January 1, 2020.

Please be aware that questions may arise on what constitutes an “interactive” training and how to satisfy the training topics. The State Chamber’s Employer Advocacy and Education Committee is taking a look at how employers can be compliant, and will continue to provide updates as we get them.