Delaware Sexual Harassment laws & HR compliance analysis

Delaware Sexual Harassment: What you need to know

The Delaware Fair Employment Practices Act prohibits employment practices that discriminate because of the sex (including pregnancy), marital status, sexual orientation, or gender identity of a job applicant or employee (DE Code Tit. 19 Sec. 710 et seq.). Harassment based on a protected characteristic is considered a form of unlawful discrimination. The Act covers employers with four or more employees, including state and local governments.
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Gender identity. The Act defines "gender identity" as a gender-related identity, appearance, expression, or behavior of a person, regardless of the person's assigned sex at birth (DE Code Tit. 19 Sec. 710). Under the law, gender identity may be demonstrated by consistent and uniform assertion of the gender identity or any other evidence that the gender identity is sincerely held as part of a person's core identity.
The Act permits employers to have and enforce reasonable workplace appearance, grooming, and dress standards, except that an employee must be permitted to appear, groom, and dress in a manner consistent with the employee's gender identity.
Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
• Submission to the conduct is made either explicitly or implicitly a term or condition of an individual's employment.
• Submission to or rejection of the conduct is used as the basis for employment decisions.
• The conduct has the purpose or effect of unlawfully interfering with an individual's work, or unlawfully creating an intimidating, hostile, or offensive working environment.
Whether an employer can be held liable for sexual ...

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