Sexual Harassment Prevention Training (Mandated)
Requirements
- Applies to employers with 4 or more employees in Delaware
- Interactive training required for all employees within 1 year of January 1, 2019, or within 1 year of hire for new employees
- Additional interactive training for supervisors within 1 year, covering their responsibility to prevent and correct harassment and to report complaints
- Refresher training for both employees and supervisors every 2 years
Key Standards
- Delaware Discrimination in Employment Act – 19 Del. C. §711A (effective January 1, 2019)
- Training must cover the illegality of sexual harassment, the definition under state law, the types of conduct that constitute harassment, and remedies available to victims
- Must explain the internal complaint process and legal recourse and prohibit retaliation
Certification Details
- Employers should retain records that training was completed by each employee and supervisor
- Coggno issues completion certificates with date stamps for audit and recordkeeping purposes
Penalties
- Failure to train does not carry a fixed fine but exposes employers to liability under the Delaware Discrimination in Employment Act
- Harassment claims may result in back pay, compensatory damages, injunctive relief, and attorney fees