Delaware Training laws & HR compliance analysis

Delaware Training: What you need to know

Effective January 1, 2019, employers with 50 or more employees must provide interactive training and education to employees on the prevention of sexual harassment. Applicants and independent contractors are not included when calculating the threshold number of 50 employees. Employment agencies are the only employers required to count and provide training to employees placed by an employment agency.
Training must be provided to new employees within 1 year of hire and then every 2 years. Current employees must receive training by January 1, 2020, and then every 2 years. Training is not required for applicants, independent contractors, or employees employed fewer than 6 months continuously.
Training must include all of the following:
• The illegality of sexual harassment;
• The definition of sexual harassment using examples;
• The legal remedies and complaint process available to the employees;
• Directions on how to contact the Delaware Department of Labor; and
• The legal prohibition against retaliation.
Additional interactive training is required to supervisors and must include:
• The specific responsibilities of a supervisor regarding the prevention and correction of sexual harassment; and
• The legal prohibition against retaliation.
Under the new law, supervisors must receive training by January 1, 2020, and then every 2 years. Employers must provide new supervisors with training within 1 year of starting in a supervisory position and then every 2 years.
Under the law, a “supervisor” is defined as an individual empowered by the employer to take an action to change the employment status of an employee or who directs an employee’s daily work activities.
Although training by smaller employers is ...

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