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DelawareHarassment Training Requirements

[vc_row][vc_column][vc_column_text]Delaware law mandates that all employers with 50 or more employees train every employee within their first year of hire, then again every two years. Recent updates to Delaware’s sexual harassment prevention training law require that training be interactive with realtime question & answer capabilities. Employers must train all full-time employees, part-time employees, interns, and apprentices.

The check marks in the table below indicate which training topics are required by state law.[/vc_column_text][/vc_column][/vc_row]

  • Path 2 Topic Required by Law
  • Group 4 Copy 3 Topic Not Required by Law
Topics
Regulations
Legislation
HB 360
Who needs to be trained?
Every employee
Time requirements
None
Frequency
Every 2 years
Interactivity / Ability to ask questions and get trainer's answers Where the employee learner can ask questions about the concepts in a safe, anonymous way and get answers and guidance from subject matter experts.
Path 2
Definition of protected characteristics A description of the personal characteristics that are protected by law in each state.
Path 2
Types of sexual harassment (quid pro quo and hostile work environment) A description of the actions or situations that would create either quid pro quo harassment (this for that) or hostile work environment harassment.
Path 2
Parties to harassment A lesson about different people who can be involved in harassment, such as co-workers, clients, interns, a person of any gender.
Group 4 Copy 3
Remedies available A lesson about what a person can recover in a lawsuit for harassment, such as money for economic harm, emotional harm, etc.
Path 2
Strategies to prevent harassment A description about the different personal and organizational behaviors to promote respect and minimize harassment.
Path 2
Practical examples from case law, news, and media Real stories to illustrate the concepts.
Path 2
Limited confidentiality of the complaint process A lesson about the logistics of filing a harassment complaint and how there is no legal right to confidentiality.
Group 4 Copy 3
Resources for victims and complainants A description of the employer's resources that are designed to help people complaining of harassment.
Path 2
Duty to investigate A lesson on the legal duty of the employer to investigate all claims of harassment and the minimum requirements of the investigation.
Group 4 Copy 3
What to do if supervisor is personally accused A lesson on how a supervisor or manager should respond if accused by a subordinate employee of harassment.
Group 4 Copy 3
Personal liability of harasser / Criminal liability Information about if and when an employee can be sued personally for harassment (as opposed to just named in the lawsuit) and if an accused faces criminal liability.
Group 4 Copy 3
Supervisor's obligation to report harassment A lesson for supervisors to teach them to promptly report any claims of harassment, even if it doesn't appear like a formal complaint.
Path 2
Elements of the employer's harassment policy A lesson outlining and covering all the components of the employer's harassment policy and complaint procedure.
Path 2
Review of the elements of abusive conduct Information about when conduct is considered abusive and, whether abusive conduct is illegal in that region. For example, abusive conduct is not illegal in any state in the United States but it is illegal in different provinces in Canada.
Group 4 Copy 3
Bystander intervention A lesson on how people who witness harassing or disrespectful conduct can and should intervene to protect the employee and stop the conduct.
Group 4 Copy 3
Retaliation A lesson on when actions meet the criteria of retaliation and an explanation that retaliation is illegal.
Path 2

Protected Characteristics in Delaware

  • Race
  • Sex (including pregnancy)
  • Sexual Orientation
  • Pregnancy
  • Disability
  • Age
  • National Origin
  • Religion
  • Marital Status
  • Genetic Information

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Frequently Asked Questions

Is sexual harassment training required in Delaware? +

Yes. Delaware law (House Bill 360) requires sexual harassment prevention training for many employees.

  • Employers with 50 or more employees must provide interactive sexual harassment training to:
    • All employees (within one year of hire)
    • Supervisors (within six months of promotion or hire)
  • Employers with fewer than 50 employees are encouraged to provide training but are not legally required.
How often do Delaware employees need sexual harassment training? +
  • New employees: Must receive training within one year of their start date.
  • Supervisors: Must complete training within six months of being hired or promoted.
  • Training must be repeated every two years to ensure employees stay informed.
Who is required to complete sexual harassment training in Delaware? +
  • All employees (if the employer has 50 or more workers)
  • Supervisors (in companies of any size, if the employer chooses to provide training)
What topics must be covered in Delaware sexual harassment training? +

Delaware law requires training to include:

  • A definition of sexual harassment with real-life examples
  • An overview of federal and state workplace harassment laws
  • Guidance on how to report harassment
  • Protection from retaliation for reporting misconduct
What happens if an employer does not comply with Delaware’s training law? +

Failure to comply with Delaware’s harassment prevention training law can lead to:

  • Penalties from the Delaware Department of Labor
  • Increased liability in workplace harassment lawsuits
  • A toxic work environment that can harm company culture and employee retention
Does Delaware require workplace harassment policies in addition to training? +

Yes. Employers must have a written sexual harassment policy that includes:

  • A clear definition of sexual harassment
  • Reporting procedures for employees who experience or witness harassment
  • A non-retaliation statement ensuring protection for employees who report harassment
Does Delaware’s sexual harassment training law apply to remote employees? +

Yes. If a remote employee works in Delaware for an employer with 50 or more employees, they must complete the required training. Employers should ensure training is available in an online, accessible format.

How can Emtrain help Delaware employers meet compliance requirements? +

Emtrain offers:

  • Delaware-compliant sexual harassment prevention training
  • Engaging, interactive online courses designed to reinforce key compliance concepts
  • Automated tracking and reporting tools to help employers document compliance
  • Additional compliance training on ethics, workplace respect, and inclusion

Need help designing a compliance training program tailored to your specific needs?
Contact us for a free consultation and a demo of Emtrain's training platform.

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