Delaware Sexual Harassment Notice Mandatory

STATE OF 	DELAWARE 	DEPARTMENT OF 	LABOR	 	
DIVISION OF 	INDUSTRIAL 	AFFAIRS	 	 	
4425 N. M	ARKET 	STREET	, 3RD FLOOR 	WILMINGTON	, DE 19802	 	(302) 761	-8200	 	
BLUE 	HEN 	CORPORATE 	CENTER 	655 	S. BAY 	ROAD	, SUITE 	2H	 	DOVER	, DE 19901	 	(302) 422	-1134	 	
8 GEORGETOWN 	PLAZA	, SUITE 2	 	GEORGETOWN	, DE 19947	 	(302) 422	-1134	 	
 	
 	 
The Delaware Discrimination in 
Employment Act	 	
The Delaware Discrimination in Employment Act protects all 
individuals against discrimination in the work	place based on 	
gender. Sexual harassment is a form of gender discrimination. 
A new law against sexual harassment passed in 2018 extends 
protections to all individuals, in all workplaces, including 
employees, applicants, apprentices, staffing agency workers	, 	
independent contractors, elected officials and their staff, 
agricultural workers, domestic workers, and unpaid	 interns.	 	
Sexual Harassment and the	 Law	 	
Sexual harassment of an employee is unlawful when the 
employee is subjected to conduct that includes unw	elcome 	
sexual advances, requests for sexual favors, and other verbal 
or physical conduct of a sexual nature when: (1) submission to 
such conduct is made either explicitly or implicitly a term	 or 	
condition of an employee’s employment; (2) submission to or 
rejection of such conduct is used as the basis for employment 
decisions affecting an employee; or (3) such conduct has the 
purpose or effect of unreasonably interfering with an	 	
employee’s work performance or creating an intimidating, 
hostile, or offensive w	orking environment.	 	
Some Examples of Sexual 
Harassment	 	
 	unwelcome or inappropriate	 touching	 	
 	threatening or engaging in adverse action after 
someone refuses a sexual	 advance	 	
 	making lewd or sexual comments about an 
individual's appearance, body, or style of	 dress	 	
 	conditioning promotions or other opportunities on 
sexual	 favors	 	
 
 
Rev. 	11/14	/18	 	
 	displaying pornographic images, cartoons, or graffiti 
on computers, emails, cell phones, bulletin boards, 
etc.	 	
 	making sexist remarks or derogatory comments based 
on	 gend	er 	
Retaliation Is Prohibited Under 
the Law	 	
It is a violation of the law for an employer to take action 
against you because you oppose or speak out against 
sexual harassment in the workplace. The Delaware 
Discrimination in Employment Act prohibits employers	 	
from retaliating or discriminating against any person 
because that person opposed an unlawful discriminatory 
practice. Retaliation can occur through direct actions, 
such as demotions or terminations, or more subtle 
behavior, such as an increased work load	 or being 	
transferred to a less desirable location. The Delaware 
Discrimination in Employment Act protects individuals 
against retaliation who have a good faith belief that their 
employer's conduct is illegal, even if it turns out that they 
were mistaken.	 	
Report Sexual Harassment	 	
If you have witnessed or experienced sexual harassment 
inform a manager, the equal employment opportunity 
officer at your workplace, or human resources as soon as 
possible.	 	
Report sexual harassment to the Delaware Department 
of Lab	or Office of Anti	-Discrimination. Call 302	-761	-8200 	
or 302	-424	-1134 or visit 	
https://dia.delawareworks.com/discrimination/	 	
to learn how to file a complaint or report discrimination. 
The Depar	tment can investigate or mediate your 	
complaint and may be able to help you collect lost wages 
and other damages.	 	
DELAWARE SEXUAL HARASSMENT NOTICE	 	
Takes effect January 1, 2019	 	
Employers must distribute this information sheet to 
new employees at the commencement of 
employment and to existing employees by July 1, 
2019	 	
 
Download this Notice at www.dol.delaware.gov