STATE-MANDATED HARASSMENT TRAINING

Delaware Sexual Harassment Training Requirements

The Delaware sexual harassment training law requires all employees in the state employed in organizations with 50 or more employees to receive training on the prevention of sexual harassment.

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Delaware State-Mandated Training Requirements

In 2019, Delaware enacted legislation requiring nearly all employees working within the state to receive training on the prevention of sexual harassment. Delaware’s law was enacted during a wave of changes to harassment legislation across the country. 

What type of organization must provide training?   All public and private employers must provide training. 
What is the minimum number of employees for training to be required?  The law applies to those employers with 50 or more employees in the State of Delaware. The 50-employee count excludes applicants, independent contractors and those employed less than six months continuously in a calendar year. 
How frequently must training be conducted? 
  • Training programs must be repeated every two years. 
  • The two-year requirement applies to both managers and non-supervisory employees. 
How soon must training be conducted? 
  • Training must be conducted within one year of commencement of employment. 
  • If an employee assumes a supervisory position, additional training must be conducted within one year of commencement of the supervisory role. 
What segments of the workforce must receive training? 
  • Employees, managers and supervisors must receive training. 
  • All full-time, part-time and seasonal employees should receive training. 
  • Interns and apprentices should also receive training. 
What is the minimum duration of training?   Delaware does not have a minimum training time requirement. 
What records must be kept following training? 
  • The Delaware law does not specify what records must be retained 
  • Employers are encouraged to keep attendance records and dates of training in case of audit or discovery request. 
What are potential penalties for failing to conduct training?   The Delaware law is silent as to penalties for non-compliance. 
What are the mandatory content requirements under Delaware law? 
  • Training must be interactive, although the Delaware law is silent on the meaning of “interactivity.” 
  • Topics covered must include the following: 
  • A statement on the illegality of sexual harassment; 
  • A specific definition of sexual harassment (with examples); 
  • A description of legal remedies available to employees and the complaint process (both internally and externally); 
  • Instruction on how to contact the Delaware Department of Labor regarding a complaint; 
  • Instruction that retaliation is prohibited 
  • Supervisors must receive additional training on the specific responsibilities of a manager in sexual harassment prevention and the illegality of retaliation. 
Are there any additional training elements required by Delaware law?  The Delaware Department of Labor has stated that employees who spend any time working in Delaware during the year must receive harassment training under the Delaware law. 
Are there any policy or posting requirements under Delaware law?   Employees must be provided an information sheet created by the Delaware Department of Labor upon beginning employment. 

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Syntrio Harassment Training Requirements in the United States and the U.S. Territories

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