EMPLOYMENT LAW – HARASSMENT – DELAWARE
Delaware Sexual Harassment Training
Syntrio’s Delaware sexual harassment training courses exceed the Delaware harassment training requirements enacted in 2018 by the Delaware state legislature and enforced by the Delaware Department of Labor. 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.
Delaware Harassment Training
Piggybacking on the wave of anti-sexual harassment legislation in the late 2010s, Delaware enacted a strict law to prevent sexual harassment in the workplace. Following similar legislation in New York and modifications to Connecticut sexual harassment law that were pending in legislation, the Delaware General Assembly moved forward in 2018 with a law known as Senate Bill 360. SB 360 is aimed at helping individuals learn more about the dangers of sexual harassment and how to report sexual harassment in the workplace.
In order to better understand how to comply with Delaware sexual harassment training requirements, as well as other sexual harassment policy requirements in place, it is first necessary to understand federal sexual harassment law and federal anti-discrimination law, as well as the Role the United States Equal Employment Opportunity Commission (“EEOC”) sexual harassment interpretations (as well as Delaware Human Rights Commission and Delaware Department of Labor opinions), play in formulating a plan to comply with Delaware harassment training obligations. Many employees in Delaware who feel they have been sexually harassed file their claim with the EEOC, and it is EEOC sexual harassment policy that often determines whether to file a lawsuit on behalf of an individual who claims they were sexually harassed or subjected to hostile environment sexual harassment or quid pro quo sexual harassment.
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Syntrio’s Delaware US Workplace Harassment Training (5th Edition)
- Experienced: Developing workplace harassment training since 2002.
- Compliant: Complies with all relevant Delaware regulatory requirements.
- Engaging: Engages learners with short, live-action stories and practical exercises.
- Comprehensive: Addresses all required topics plus contemporary issues – workplace relationships, bystander intervention, diversity, equity, and inclusion.
- Flexibility: Versions for managers (50 min.) and non-managers (45 min.); other versions that incorporate Delaware with additional state training for easier deployment for multi-state businesses.
- Industries: Six industry verticals, including office/general, healthcare, industrial, hospitality, retail, and higher education.
Federal Harassment Law
Federal anti-discrimination laws encompass the federal sexual harassment law, from which state and local sexual harassment requirements and mandatory sexual harassment training laws have evolved. These federal laws are also the set of statutes from the United States EEOC sexual harassment policy on enforcement are derived from. In states such as Delaware, where sexual harassment and job discrimination charges are commonly filed administratively with the EEOC before going to court, the agency and its guidance play a pivotal role in anti-discrimination and anti-harassment litigation. The federal anti-discrimination laws prohibit employment discrimination, sexual harassment in the workplace, and other forms of workplace harassment and set the floor from which state and local laws can enact greater protections against job discrimination and workplace harassment.
The most notable federal employment law covering discrimination and harassment in the workplace is Title VII of the Civil Right Act of 1964, which covers employers who employ or have employed 15 or more employees for each working day in 20 or more calendar weeks in the current or preceding calendar year. In addition to prohibiting employment discrimination, courts have held that Title VII prohibits harassment in the workplace, sexual harassment in the workplace, hostile environment sexual harassment, and other forms of employment discrimination and workplace harassment, which in recent years has become a key focus of attention on federal anti-discrimination laws and other related employment laws (including an increased focus on mandatory training).
Under the federal employment law scheme, harassment in the workplace is a form of job discrimination that occurs when unwelcome conduct (such as verbal sexual harassment or physical, sexual harassment) that is based on race, color, religion, sex (including sexual orientation, gender identity or pregnancy), national origin, age (over 40), disability occurs. Harassment in the workplace becomes illegal where: a) enduring the offensive conduct becomes a condition of continued employment, or b) the conduct is severe or pervasive enough to create a hostile or intimidating work environment that a reasonable person would consider hostile or abusive.
As important as learning what workplace harassment is, it is also essential to understand that workplace harassment (including sexual harassment at work) does not include petty slights, annoyances, and isolated incidents. Unless severe, such trial verbal sexual comments or other offensive behavior may not rise to the level of illegal harassment in the workplace.
Delaware Sexual Harassment Law
While many individuals who claim they have been sexually harassed in Delaware file their sexual harassment in the workplace claim in federal court, many sexual harassment claims are brought under the Delaware Discrimination in Employment Act, codified in Chapter 7 of Title 19 of the Code of Delaware. The Discrimination in Employment Act is the substantive body of law in the state that prohibits employment discrimination and all forms of harassment in the workplace in Delaware.
Section 711A(g) of the Delaware Discrimination in Employment Act is also the set of statutes encompassing the Delaware sexual harassment training requirements. Section 711A(g) requires all Delaware employers with 50 or more employees to conduct sexual harassment in the workplace training every two years.
Categories of Sexual Harassment in the Workplace
Under federal and Delaware anti-discrimination and anti-harassment laws, there are two categories of sexual harassment in the workplace. They include:
“Hostile Environment Harassment,” which refers to unwelcome comments or conduct based on sex that is either severe or pervasive such that they unreasonably interfere with an employee’s work performance or create an intimidating, hostile, or offensive work environment that alters the conditions of employment; and
“Quid Pro Quo sexual harassment” occurs when a job or promotion is explicitly or implicitly conditioned on an applicant or employee’s submission to sexual advances or other conduct based on sex.
Importantly, hostile environment harassment can occur based on any protected category and should not be restricted to individuals who feel sexually harassed. As such, it is necessary for Delaware sexual harassment training to cover such issues as race harassment to comply with Delaware sexual harassment training requirements fully.
EMPLOYMENT LAW: HARASSMENT AND DISCRIMINATION COURSE
COMPENSATION AND BENEFITS
Meal & Rest Break Training
Understanding the Family Medical Leave Act (FMLA)
Wage & Hour Basics
Avoiding Wrongful Termination
Employment Discrimination: Maintaining a Fair Workplace
Employment Discrimination: Sex
Employment Discrimination: Race, Color, and National Origin
Employment Discrimination: Religion
Employment Discrimination: Age
Employment Discrimination: Disability
Employment Discrimination: Sexual Orientation and Gender Identity
Creating a Bully-Free Workplace
DISCRIMINATION ETHICAL SNAPSHOTS
The Job Interview
Up or Out
An Open Position
US Workplace Harassment 5th Edition
Bystander Awareness and Intervention for Chicago
Preventing and Addressing Sexual Harassment
Preventing Sexual Harassment
Preventing Workplace Harassment
Workplace Harassment and Bullying: Managing Threats to a Respectful Work Culture
California Preventing Workplace Harassment
Connecticut Sexual Harassment Training for Employees
Delaware Preventing Sexual Harassment
Illinois Preventing Sexual Workplace Harassment
Maine Preventing Sexual Harassment
New York Preventing Sexual Harassment
Campus Aware: Sexual Violence Prevention
Harassment: Ensuring a Respectful Workplace
Preventing Unlawful Harassment for Colleges and Universities
Preventing Unlawful Workplace Harassment for Federal Agencies
Multi-Jurisdiction Preventing Workplace Harassment
Canada Harassment and Violence at Work
US Workplace Harassment - Chicago
SPEAK UP ETHICAL SNAP SHOTS
Speak Up - Feeling Uncomfortable A
Speak Up - Feeling Uncomfortable B
Speak Up - Harassment A
Speak Up - Harassment B
Speak Up - Health and Safety
Speak Up - Offensive Remark A
Speak Up - Offensive Remark B
Speak Up - Something Missing
HARASSMENT ETHICAL SNAPSHOTS
The Viral Email
Jack and Dani Went Up a Hill
Making a Complaint
Making a Complaint 2
An Open Position
A Very Important Client
A Very Important Client (B)
A Very Important Client (C)
Too Close for Comfort (A)
Too Close for Comfort (B)
Legal Aspects of Interviewing and Hiring
Preventing Unlawful Retaliation in the Workplace
RETALIATION ETHICAL SNAPSHOTS
Rocking the Boat
Managing Substance Abuse in the Workplace
Delaware Sexual Harassment Training Content Requirements
Following the 2018 enactment of the Delaware sexual harassment in the workplace training requirements, Delaware employers have faced increased sexual harassment training obligations in the state. The following is a summary of Delaware sexual harassment training requirements:
Who Must Provide Sexual Harassment at the Workplace Training?
Under the Delaware sexual harassment training requirements, all public and private organizations with more than 50 employees working in Delaware must provide anti-harassment training. Excluded from the 50-employee count under the Delaware workplace sexual harassment law are applicants, independent contractors, and those employed less than six months in a calendar year.
How Frequently Must Delaware Sexual Harassment Training be Conducted?
Delaware sexual harassment law requires training to be repeated every two years. The two-year requirement applies to both managers and non-supervisory employees.
What Workforce Segments Must Receive Training under the Delaware Sexual Harassment Training Requirements?
The Delaware sexual harassment training law requires all employees, managers, and supervisors to receive training. The sexual harassment training requirements require that all full-time, part-time, and seasonal employees be trained for employers to comply with the Delaware sexual harassment training law.
Should Employers Provide Delaware Sexual Harassment Training to Employees Working Outside the State?
Likely. The Delaware Department of Labor has stated the sexual harassment training law requires all employees who spend any time working in Delaware to receive training on the prevention of sexual harassment. This means that all employees who work or will work in DE may need to receive sexual harassment in the workplace training under the Delaware sexual harassment training requirements. As a matter of best practice, even those employees based outside of Delaware who will interact with Delaware-based employees or spend a portion of time working in DE or with Delaware employees should receive Delaware sexual harassment training.
STATE-MANDATED TRAINING LAWS
Several states have enacted mandatory training laws that require employers to provide sexual harassment training to their managers and employees.
Click on each state to learn more about Syntrio’s sexual harassment training products dedicated to exceeding compliance with mandatory training laws in each state. You will also learn about the requirements in that particular jurisdiction.
- New York
What Content is Necessary to Comply with Delaware Sexual Harassment Prevention Training Requirements?
The Delaware harassment in the workplace training law requires training to be interactive and include the following elements:
- 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
The Delaware sexual harassment training requirements also mandate the elements be included in Delaware sexual harassment training for supervisors:
- Supervisors must receive additional training on the specific responsibilities of a manager in sexual harassment prevention and the illegality of retaliation.
Does Syntrio’s Online Sexual Harassment Training Comply with the Delaware Sexual Harassment Training Requirements?
Yes. Syntrio’s sexual harassment courseware exceeds the requirements set forth by the Delaware sexual harassment training law.
What Must Records be Kept Following Completion of Delaware sexual harassment prevention training?
Delaware law does not specify what records must be retained. However, Delaware employers are encouraged to keep attendance records and dates of sexual harassment in workplace prevention training in case of an audit or discovery request.
What are the Potential Penalties for Failing to Comply with the Delaware Sexual Harassment Prevention Training Requirements?
Delaware anti-harassment prevention training law is silent as to penalties for non-compliance.
Why Syntrio’s Sexual Harassment Training is Your Best Source of Compliance Training Requirements in Delaware
Syntrio has been the leader in online sexual harassment training for over 20 years.
Since its inception in the workplace sexual harassment training market over 20 years ago, Syntrio has been aware that it needs to be different to help employers not only comply with sexual harassment training requirements but also to help employers empower their workforce to speak up and make an actual difference in workplace culture. The first anti-harassment training laws were enacted in CT and ME in the early 1990s when Syntrio began developing content intended to assist employers in educating their workforces on employment law, workplace harassment, and employment discrimination. As the 2010’s ended, more states enacted (and expanded upon) sexual harassment training laws, and Syntrio’s sexual harassment prevention training remains the sexual harassment prevention training relied upon by lawyers and HR professionals seeking training that will truly make a difference.
The Syntrio approach to Delaware Sexual Harassment Training is Different.
While the drive to provide sexual harassment training remains unchanged, expert views on the type and focus of sexual harassment training in workplace training have evolved. Many of Syntrio’s competitors continue to provide “check the box” sexual harassment prevention training in Delaware (and elsewhere) that was primarily developed more than five years ago. These older harassment training programs are often aimed at combating the harmful effects of workplace sexual harassment on the organization rather than on the person making the complaint. When anti-harassment training focuses on illegal sexual harassment and job discrimination and how companies can avoid liability rather than actual incident prevention and improve workplace culture, employees are proven more likely to tune out during the session. Syntrio knows legalistic, compliance-focused training does not resonate with employees and has instead developed sexual harassment prevention training that works.
The solutions that help to improve workplace culture and help reduce the number of incidents of workplace harassment involve incorporating elements of a full-scale program of civility and respect training and any other number of employee-focused employment law training that time and budget will allow improving organizational culture. Syntrio understands the time and budgetary constraints and therefore builds in elements of its more extensive library to its sexual harassment prevention training to give the learner something they can use for their benefit (and mental and physical well-being).
Syntrio knows that in a crowded market is essential to provide training that does more than comply with Delaware sexual harassment training requirements. As decision-makers, you also must make clear to your workforce that you care about their well-being. Therefore, a speak up and listen up a program aimed at empowering your workforce to report incidents is a critical aspect of any Delaware sexual harassment training program and is an essential aspect of a cultural improvement plan. Additionally, employers must provide training that teaches employees to respect one another and demonstrates the organization’s respect for its workforce. In addition to understanding what illegal sexual harassment is, employees must understand one another’s sensitivities and the organization’s understanding that everyone has individual needs. Syntrio’s Delaware sexual harassment prevention training meets all these lofty goals in a concise package.
The pillars of our harassment training program involve the following:
Workplace Civility & Respect Training
Diversity, Equity & Inclusion Training
Employment Discrimination and Workplace Fairness Training
Delaware Sexual Harassment Training
Speak Up and Listen Up Training
Delaware sexual harassment training should not occur just once every two years. Instead, it should be a consistent program that demonstrates the organization’s commitment to the health and safety of its employees. By providing training that goes beyond the legal requirements that may be present in a state, the organization can show its workforce that it not only cares that they do not face liability for an incident but are committed to improving workplace culture and respecting loyalty, its workforce has shown by respecting and caring for the well-being of everyone working within the organization.
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