House Bill No. 360 was signed into law on August 29, 2018, and went into effect on January 1, 2019. The new law amends Chapter 7, Title 19 of the Delaware code and defines sexual harassment as:
An unlawful employment practice when the employee is subjected to conduct that includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
- Submission to such conduct is made either explicitly or implicitly a term or condition of an employee’s employment;
- Submission to or rejection of such conduct is used as the basis for employment decisions affecting an employee; or
- Such conduct has the purpose or effect of unreasonably interfering with an employee’s work performance or creating an intimidating, hostile, or offensive working environment.