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Delaware Department of Labor


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Visit our What An Employer Should Know page for more information.

Employers are highly encouraged to do the following:

  • Have an Antidiscrimination Policy, which is acknowledged, that includes sexual harassment by the employee (written or digital).
  • Post and document Sexual Harassment Notices.
  • Have Performance Plans in place outlining the essential functions of the employee’s assigned position.
  • Document progressive discipline: verbal/written counseling, suspension without pay, final warning, and dismissal. This does not prevent an immediate discharge for willful and wanton misconduct.   
  • Take all Antidiscrimination complaints seriously.

Position Statements

Position statements shall provide an “Adequate Affirmative Defense” for the alleged material adverse employment actions taken against the Employee.  Failure to do so may result in a “Cause Finding.”

For example, in a Disability (Failure to Accommodate) claim, the Employer must effectively articulate a “Direct Threat” defense. Whereas an “Undue Hardship” must be supported by evidence that can be verified independently.

Employers should foster/create a work environment that is Inclusive, Safe, and free of Discrimination

  • Should have a Committed and Engaged Leadership team
  • Consisted and Demonstrated Accountability
  • Strong and Comprehensive Anti-Harassment policies 
  • Trusted and Accessible Complaint Procedures
  • Regular and Interactive training that best suites the workforce and the Employer’s needs 

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