Page 40 - Delaware Medical Journal - May/June 2019
P. 40
WORKPLACE
SEXUAL
HARASSMENT:
Delaware HB 360
Sharon Ruth
As allegations of sexual harassment and other inappropriate workplace conduct spread through the political, entertainment, and business worlds, organizations of all sizes face serious pressure to train employees and bolster risk management programs in the employment practices space.
On August 29, 2018, Gov. John Carney
of Delaware signed into law a bill (HB
sexual harassment and retaliation. The statute obligates organizations with
four or more employees to issue an information sheet on sexual harassment, harassment training for all employees and
supervisors. The law became effective January 1, 2019.
Under the law, an employer can be held liable for acts of sexual harassment if:
It knew or should have known of the harassment and failed to take corrective actions.
Harassment by a supervisor results in a “negative employment action” against an employee.
A negative employment action is taken against an employee in retaliation participating in an investigation, or testifying in any proceeding about sexual harassment.
“Negative employment action” is
to mean any action taken by a supervisor that negatively impacts the employment potentially covers a wider range of employer decisions than currently encompassed by federal frameworks, depending on how it is interpreted by agencies and courts.
The training requirements for organizations with 50 or more employees include:
Providing interactive education and training on the prevention of sexual harassment.
Completing new employee training within one year of the commencement of employment and within a year of the effective date of the statute for existing employees.
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Del Med J | May/June 2019 | Vol. 91 | No. 3
