Delaware Employment Law Update – September 2018


Small Employer Health Insurance

On September 4, 2018, Delaware Governor John Carney signed legislation (H.B. 406) allowing small employers with more than five employees to obtain a stop-loss policy for health insurance to provide more options for small employers in the health insurance market.

The law became effective September 4, 2018.

See DE H.B. 406

Sexual Harassment

On August 29, 2018, Delaware Governor John Carney signed legislation (H.B. 360) to combat sexual harassment in the workplace. The bill:

  • Defines sexual harassment and coverage. For example, employers covered by the act are those with four or more employees in Delaware, and all Delaware employees are covered by the act including state employees, unpaid interns, applicants, joint employees, and apprentices.
  • Makes employers responsible for the sexual harassment of an employee when a supervisor’s sexual harassment results in a negative employment action of an employee; when the employer knew or should have known of the non-supervisory employee’s sexual harassment of an employee and failed to take appropriate corrective measures; or when a negative employment action is taken against an employee in retaliation for the employee filing a discrimination charge, participating in an investigation of sexual harassment, or testifying in any proceeding or lawsuit about the sexual harassment of an employee.
  • Implements interactive sexual harassment prevention training and education requirements for employers with 50 or more employees in Delaware.

The Delaware Department of Labor will also create a sexual harassment information sheet that employers will be required to distribute to employees once it is available.

The law is effective January 1, 2019.

Read DE H.B. 360