Delaware Sexual Harassment Law
The ideal work environment is one where everyone is engaged in a positive and supportive atmosphere. Unfortunately, not all work environments are like that. If you are being sexually harassed at work, it is not only uncomfortable; it is also illegal in the state of Delaware, and you do have resources available to help put an end to the abuse. Although sexual harassment is illegal at the federal level under Title VII of the Civil Rights Act of 1964, Delaware also has laws in place at the state level to prohibit sexual harassment in the workplace.
The Delaware Discrimination in Employment Act, which covers any company employing more than four workers, mandates that it is illegal to discriminate against anyone according to their gender, which includes prohibiting sexual harassment. It also governs any local or state government employees and labor organizations and employment agencies.
What constitutes sexual harassment according to Delaware sexual harassment law?
Sexual harassment encompasses a variety of different behaviors that are meant to intimidate, threaten, or to ask for sexual acts. It also prohibits conduct, whether implicit or explicit, which is sexual in nature and which any reasonable person would find offensive or which interrupts their ability to perform their work duties. You can also violate Delaware sexual harassment laws by creating a work environment that is offensive, hostile, or intimidating to other workers.
Examples of sexual harassment are:
- Unwelcome advances or requests for sexual acts
- Nonconsensual touching
- Verbal or physical sexual intimidation that prohibits an employee from working productively
- Lewd verbal or nonverbal acts, as well as explicitly charged sexual paraphernalia or images
Who can be the victim of sexual harassment?
- Although it’s typically thought of as a male on female crime, it is possible for both genders to be victims of sexual harassment. Also, not just one gender can perpetrate an act against the opposite gender. Same-sex sexual harassment is also strictly prohibited.
- A person can be sexually harassed by a direct supervisor, a superior who is not directly in charge of the employee, a co-worker, an agent of an employer, or even a non-employee.
- The victim of sexual harassment isn’t required to be the person that the conduct was directed at; it can be the case that they are offended by the sexual conduct of someone at the workplace.
- To be sexually harassed, the behavior has to be proved as unwelcome by the victim.
What to do if you are the victim of sexual abuse in Delaware
Victims of sexual abuse must inform the person who is harassing them that the conduct has to stop. They must also notify a superior, a boss, or the employer, and file a formal complaint as outlined by the grievance system set forth by the organization.
The Delaware Discrimination in Employment Act will take into account the events of the harassment, such as the nature of the conduct and the pervasive or systematic nature of it, and determine whether the employee has been a victim of sexual harassment. However, even though the agency exists to sort through the details, if you are the victim of harassment. it is imperative that you seek the guidance of a Delaware sexual harassment attorney to plead your case.
You can also file a complaint with the Equal Employment Opportunity Commission at the federal level to ensure that your case is heard either in federal or state court. If your company has less than four employees, then filing with the EEOC might be your best – and in some instances only – recourse.
To prove your sexual harassment case, you will need a Delaware sexual harassment lawyer to show that the conduct was unwelcome and nonconsensual. They will also need to document that the conduct was pervasive and systematic. As a victim, it is imperative that you leave a paper trail, keep a journal, and keep any correspondence that is incriminating, to help plead your case.
Although sexual harassment is illegal on a federal level, Delaware also has strict state laws related to harassment prohibition in the workplace. To ensure that the harassment stops, it is important to hire a Delaware sexual harassment lawyer from USAttorneys.com to plead your case and prove that you have been a victim. Contact them today to get your claim filed and to bring an end to the harassment.