Best Sexual Harassment Lawyers in Delaware

About Sexual Harassment Law in Delaware, United States

Sexual harassment is a form of discrimination that can occur in the workplace, educational settings, and other areas of public life. In Delaware, it is considered both a violation of state and federal laws. Sexual harassment typically involves unwelcome advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that creates a hostile or intimidating environment. Delaware provides legal protections for individuals who experience sexual harassment, ensuring access to remedies and resources for those affected.

Why You May Need a Lawyer

Many people who experience sexual harassment are unsure about how to respond or what actions are available to them. You may need a lawyer in situations such as:

• If you are facing ongoing harassment in your workplace or school and internal complaints have not led to a resolution.
• If you have been retaliated against after reporting or opposing sexual harassment, such as being demoted, fired, or ostracized.
• If you want to file a formal complaint with a government agency or pursue a lawsuit for damages and need assistance navigating the legal process.
• If you are unsure about what constitutes sexual harassment under Delaware law and want to understand your rights and options.
• If you are an employer or institution seeking guidance on compliance with sexual harassment laws and best practices for prevention and training.

Local Laws Overview

Delaware has specific laws addressing sexual harassment, in addition to federal protections under Title VII of the Civil Rights Act of 1964. The Delaware Discrimination in Employment Act (DDEA) makes it unlawful for employers with four or more employees to discriminate against individuals based on sex, including sexual harassment. The law covers both quid pro quo harassment (demanding sexual favors for job benefits) and hostile work environment harassment (offensive conduct severe or pervasive enough to create an intimidating environment).

In 2018, Delaware enacted additional provisions requiring employers with 50 or more employees to provide interactive sexual harassment prevention training to employees and supervisors. The law also protects independent contractors against harassment and expands the definition of sexual harassment to include conduct based on gender identity or expression.

Individuals who experience sexual harassment in Delaware can file complaints with the Delaware Department of Labor Division of Industrial Affairs or the federal Equal Employment Opportunity Commission (EEOC). There are strict time limits for filing, usually within 300 days of the alleged harassment.

Frequently Asked Questions

What is considered sexual harassment in Delaware?

Sexual harassment includes unwelcome sexual advances, requests for sexual favors, or any other conduct of a sexual nature that creates a hostile, intimidating, or offensive environment. It can be physical, verbal, or non-verbal and is prohibited in the workplace and other settings under Delaware and federal law.

Am I protected from sexual harassment if I work for a small business?

Yes, Delaware law applies to employers with four or more employees. Some federal laws may only cover larger employers, but Delaware protections include many small businesses.

Can men be victims of sexual harassment?

Yes, sexual harassment laws protect everyone regardless of gender. Men, women, and non-binary individuals can all be victims.

What should I do if I experience sexual harassment at work?

You should document the behavior, report it to your employer or human resources if possible, and seek legal advice if the situation is not resolved or you face retaliation.

What are my employer’s responsibilities regarding sexual harassment?

Employers must provide a workplace free from sexual harassment, educate employees about the law, investigate complaints promptly and fairly, and take action to prevent and address harassment.

Can I file a complaint if the harassment happened outside the workplace?

If the harassment is connected to your employment, for example at a work event or during work-related travel, you may still be protected under the law and be able to file a complaint.

Is there a deadline for filing a complaint?

Yes, you generally have 300 days from the date of the most recent harassment to file a discrimination charge with the Delaware Department of Labor or the EEOC.

What happens after I file a complaint?

The agency will investigate your claim, may attempt to resolve it through mediation, and can take further legal action if necessary. You may also have the right to file a private lawsuit.

Can I be fired for reporting sexual harassment?

It is illegal for your employer to retaliate against you for reporting sexual harassment. If this happens, you may have an additional legal claim.

Does Delaware require employers to provide sexual harassment training?

Yes, Delaware law requires employers with 50 or more employees to provide interactive sexual harassment prevention training to employees and supervisors, and to repeat training every two years.

Additional Resources

If you need help or information regarding sexual harassment in Delaware, the following organizations are valuable resources:

• Delaware Department of Labor Division of Industrial Affairs
• Equal Employment Opportunity Commission (EEOC)
• American Civil Liberties Union (ACLU) of Delaware
• Delaware Bar Association Lawyer Referral Service
• National Sexual Assault Hotline - local Delaware support available

Next Steps

If you believe you have experienced sexual harassment in Delaware, here are suggested steps to take:

• Preserve any evidence such as emails, texts, and written reports related to harassment.
• Document your experiences, including dates, times, and details of each incident.
• Follow any reporting procedures provided by your employer or institution.
• Consult with an attorney experienced in sexual harassment and employment law. Many offer free consultations to discuss your options.
• Consider filing a complaint with the Delaware Department of Labor or the EEOC if your situation is not resolved internally.
• Seek support from advocacy or counseling organizations if needed for your well-being.

Taking prompt action can help protect your rights and ensure a safer environment for yourself and others. Legal professionals can guide you through the process and help you obtain the justice and resolution you deserve.