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Sexual Harassment Training - Delaware State Training Requirements

This Sexual Harassment Compliance Training course teaches you how to recognize and understand sexual harassment so that you can help to maintain a happy work environment, free from hostility and discomfort.

An employer having 50 or more employees shall provide at least 2 hours of classroom or other effective interactive training and education regarding sexual harassment to all supervisory employees in Delaware within six months of their assumption of a supervisory position.

Such training shall:

  • Be provided to each supervisory employee in Delaware every two years.
  • Include information and practical guidance, prevention and correction of sexual harassment, and the remedies available to victims of sexual harassment.
  • Be presented by trainers or educators with knowledge and expertise in the prevention of harassment.

Read An Update on the Passage of House Bill 360

Our engaging, interactive, New York State Sexual Harassment Compliance Training course combines relevant videos, scenarios, and quizzes that your employees will be able to identify with and apply to their roles.

THIS MODULE COVERS...

Video: Definition of harassment. Examples of real-life stories that illustrate the impact of harassment.

Interactive Screen: What harassment includes and when harassment becomes actionable.

Scenario: Jokes based on an individual’s nationality.

Key Learning: Even if someone doesn’t intend any harm, if the target of the jokes is hurt by the jokes and this is happening on a regular basis, this could create a hostile work environment.

Scenario: Risqué emails that sometimes contain jokes on religion and sexuality.

Key Learning: Jokes that offend some colleagues could contribute to an offensive, hostile work environment.

Scenario: Friendly conversation offering dating advice.

Key Learning: Intent and perception are key to determining if a statement could be considered harassment.

Interactive Screen: Definition of sexual harassment. It doesn’t have to be sexual in nature – could include offensive remarks about a person’s sex.

Interactive Screen: What constitutes sexual harassment? Verbal harassment, nonverbal (visual) harassment, physical harassment, teasing and offhand comments.

Interactive Screen: Does it have to be sexual? Who’s impacted? What does the law say? What is a hostile environment? What is quid pro quo? Are there specific laws to protect transgender people?

Scenario: A drunken proposal while at a work conference.

Key Learning: Just because an employee is not at work, they may not engage in inappropriate conduct that would otherwise be impermissible in the workplace itself.

Scenario: Spreading rumors about a colleague’s sexuality.

Key Learning: Offensive comments about a person’s sexuality are harassment, even if the victim doesn’t hear.

Scenario: Personal history interfering in a promotion decision.

Key Learning: Must have solid reasons for reaching a hiring decision.

Scenario: Same-sex harassment – one colleague sending another flirty emails and sticky notes.

Key Learning: Conduct constitutes harassment because the conduct is unwelcome and it has unreasonably interfered with his colleague’s work.

Scenario: Inappropriate physical touching.

Key Learning: Conduct may be considered harassment if it is unwelcomed and it makes the victim uncomfortable.

Video: Define gender identity. Discrimination against an individual because that person is transgender is discrimination because of sex.

Scenario: Hiring a new team member who is in a same-sex relationship.

Key Learning: You cannot treat individuals differently because of their sexual orientation or preference.

Scenario: Whispers about gender reassignment.

Key Learning: When someone at work goes through a gender transition, it’s important to have in-person sexual harassment training with the employee’s managers and the colleagues who work directly with the transitioning employee.

Interactive Screen: Outline the impact that harassment has on the victim, the workforce, the company brand and reputation, productivity and profitability, and on management.

Scenario: Overhearing two colleagues mocking another colleague about religious dress.

Key Learning: In some cases, the perpetrators of inappropriate behavior don’t believe they’re doing anything wrong. If you feel comfortable, speak to the perpetrators and ask them to stop.

Scenario: Mocking over religious dress continues.

Key Learning: When the perpetrator doesn’t change their behavior, it’s best to report the incident before the situation escalates.

Scenario: Wider impact that discrimination has in the workplace.

Key Learning: Discrimination may cause a colleague to become withdrawn and less engaged in the workplace. This could have an adverse effect on the workforce, as it may make other colleagues uncomfortable and could cause a divide in working teams and groups.

Interactive Screen: Federal discrimination laws. Who’s protected? What’s included?

Interactive Screen: State laws. Examples: California, New York, Washington D.C., Massachusetts, New Jersey.

Interactive Learning: What do we mean by protected groups? Examples of protected groups. Types of discrimination.

Interactive Screen: Types of harassment. Quid pro quo. Hostile work environment.

Interactive Screen: Affirmative defense – under federal law, an employer can avoid liability for discrimination if it can show three things.

Scenario: Drafting a job advertisement without discriminating against any protected groups.

Key Learning: Discriminatory conduct is prohibited in all aspects of the employment process, including recruitment.

Scenario: Candidate for an interview is in a wheelchair.

Key Learning: Unless it causes an employer undue hardship, refusing to accommodate an applicant or employee with a disability is discrimination.

Scenario: Consequences of rejecting a candidate because they might become pregnant.

Key Learning: Pregnancy is a class that is protected under both federal and state law. Marital status is a class that is protected under certain state anti-discrimination laws.

HB 360 mandates that employers with more than 50 employees provide sexual harassment training to all employees. Training must be given to new employees within a year of the start of employment, and every two years afterward. Training for current employees must be given within a year of the effective date of the legislation (or no later than December 31, 2019), and every two years afterward.

“This bill seeks to offer broader protections for Delaware workers against sexual harassment than those found at the federal level by defining sexual harassment as an unlawful employment practice and clarifying the definition of employee to include state employees, persons providing services pursuant to a contract, or unpaid interns.

This bill also includes a requirement that the Department of Labor create an information sheet pertaining to sexual harassment that employers must distribute to employees. Employers having more than 50 employees must provide sexual harassment training to their supervisory employees six months after they assume the supervisory role, and the training must be conducted every two years.”

On June 12, 2018 House Bill 360 (HB360) was substituted in the House by House Substitute 1(HS1). It was voted out of Committee on June 20 and the final bill was passed on July 1 by the General Assembly. The final bill that passed had an amendment that changed some of the wording, which we discuss below. This bill will take effect on January 1, 2019.

The section on training received changes as well. In the Substitute passed on the 20th, time requirements that must be spent training for sexual harassment had decreased from two hours to, “at least 90 minutes of effective interactive training and education to employees regarding the prevention of sexual harassment.” Perhaps the most significant change that came from the final amendment to the bill that passed was that there is no set amount of time for training is listed, only that it has to happen. Also, the training now must extend to all employees, rather than, “to all supervisory employees,” as it was in HB360. It also must now place an emphasis on preventing retaliation.

Read House Bill 360

What you need to do

As an employee, you are responsible for meeting the requirements for sexual harassment training in Delaware. This means providing the right training to the right people, at the right time, and making sure every employee completes the training and demonstrates understanding of the rules and regulations that apply to them.

The right training

Training should be interactive, with a focus on behavior change and real-life scenarios. Do more than tick the box! Let your employees explore the difficult situations that can arise in the modern workplace, and teach them to make value-based judgements that uphold your policies around ethics and compliance. Make sure you capture their engagement and ensure they’ve understood the core content.

The right people

Ensure you are profiling your employee base and providing a tailored learning experience based on a person’s role. Some content will apply to all employees, but (for example) managers may need content that individual contributors do not, and workers in a factory environment may experience different compliance risk situations to workers in an office. Remember, nothing kills learner engagement faster that being asked to take content that is irrelevant to your role.

The right time

As you can see in the requirements above, Delaware laws on sexual harassment training stipulate the frequency and duration of training required. Create a program that delivers training to your workforce as part of a thoughtful campaign, delivering just enough content, just often enough, to keep the topic fresh in the employee’s mind, and meet the legal requirements.

In addition, take this excellent opportunity to strengthen the culture of compliance and ethical behavior within your organization. There are several behaviors that can be considered sexual harassment including physical and verbal activities. It is important that employees understand each of these types of behaviors and can recognize the situations where they might arise. By providing a targeted, relevant and thoughtful learning experience to your workforce, you help create an environment in which everyone can recognize what constitutes sexual harassment in the workplace.

How we can help

Smart companies create ethics-based training programs that ensure business practices that will protect the brand. Our Sexual Harassment Compliance Training course teaches you how to recognize and understand sexual harassment, so that you can help to maintain a happy work environment, free from hostility and discomfort. The engaging, interactive course for Delaware combines relevant videos, scenarios, and quizzes that your employees will be able to identify with and apply to their roles.

Ultimately, good compliance training doesn’t just mean your employees are ticking an “I have read the policy” box. It means that they understand the correct behaviors and values expected of them, and are actively working to adhere to them, and not just within the confines of the office. They recognize that they are representing the company at all times and are upholding the values and standards of the organization both privately and publicly.

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