If you are a victim of work-related sexual harassment, you should know that you have the right to file a legal complaint against your employer.
A Delaware and a federal government agency process sexual harassment in the workplace claims. In some cases, victims that face workplace sexual harassment can file a civil lawsuit that seeks monetary damages.
What Delaware Laws Protect Against Sexual Harassment?
According to Delaware workplace sexual harassment law, employers cannot discriminate against employees for reasons such as age, race, religion, and national origin.
The Delaware Discrimination in Employment Act (DEDEA) also forbids discrimination when it comes to gender and gender identity. The most common form of gender discrimination concerns sexual harassment because the act targets a specific demographic.
DDEA became law on the first day of 2019, and the new law contains clear language that sexual harassment is not allowed in the workplace.
Employers must provide interactive training tools to educate workers about the different types of sexual harassment acts. Delaware stresses the importance of implementing preventive measures to reduce the number of sexual harassment in the workplace cases.
What is Considered Sexual Harassment?
What does it mean to be sexually harassed at work in Delaware? Workplace harassment of a sexual nature can include unwelcome sexual advances, whether the sexual advances are overt or more subtle.Requests for sexual favors and committing acts of physical harassment constitute sexual harassment in Delaware.
Sexual harassment is not confined to easy to detect acts. It can also include offensive remarks made verbally or digitally.
The internet has made many employees more brazen when it comes to making offensive comments in the workplace. Offensive comments do not even have to be targeted at an individual.
The comments can be made in a general sense and it still qualifies as offensive under Delaware sexual harassment law.
It is important to note both the victim and the person committing sexual harassment can either be a man or a woman.
What Types of Employers are Covered by Sexual Harassment Laws in Delaware?
Delaware has stricter sexual harassment laws on the books than the sexual harassment legislation enacted at the federal level. For example, sexual workplace harassment in Delaware applies to employers that have at least four employees.
Federal sexual harassment laws apply to employers that employ a minimum of 15 workers. Delaware also requires labor organizations and employment agencies to follow the state’s sexual harassment statutes.
Where Do You File a Sexual Harassment Claim in Delaware?
Where do you file Delaware workplace sexual harassment claims? The answer is the Delaware Department of Labor Division of Industrial Affairs. The state agency is located at the following address:
- 4425 North Market Street
- Wilmington, DE 19802
- (302) 761-8200
At the federal level, Delaware employees should contact the nearest office of the Equal Employment Opportunity Commission (EEOC). Since Delaware does not have an EEOC office, victims of sexual harassment should contact the closest office located in Philadelphia.
- 801 Market Street, Suite 1000
- Philadelphia, PA 19107-3126
- Office Hours: M-F 8:30 AM-5:00 PM
- Phone: 267-589-9700
One note about contacting the EEOC Field Office in Philadelphia. The federal agency is processing all sexual harassment complaints by phone or via its website until the COVID-19 pandemic subsides.
How Long Do I Have to File a Sexual Harassment Claim in Delaware?
Time is a critical component when submitting a sexual harassment claim at both the state and federal levels. Victims of sexual harassment in the workplace have 300 days from the date of the last incident to file a claim.
Missing the deadline typically results in a lost opportunity to hold an employer accountable for work-related sexual harassment. The federal filing deadline for a sexual harassment claim is also 300 days from the date of the last incident.
Get Help Filing a Sexual Harassment Claim in Delaware
Filing a sexual harassment claim at any governmental level requires a strong commitment. From collecting persuasive evidence to interviewing witnesses, the claim process can take a considerable amount of your time, as well as money.
By working with an employment attorney who has successfully litigated sexual harassment cases, you remove the burden of responsibility for proving your employer permitted acts of sexual harassment in the workplace.
Schedule a free case evaluation with an employment lawyer to determine how to proceed with your sexual harassment claim.
