By Scott A. Holt, Esq. From left to right: Lauren E. M. Russell, Esq.; Secretary of the Delaware Department of Labor, Cerron Cade; and Scott A. Holt, Esq. On April 25, 2019, Young Conaway’s Labor and Employment attorneys hosted the 2019 Annual Employment Law Seminar at the Chase Center on the Riverfront.  The event drew over 200 attendees to learn about the latest federal and state employment and labor laws.  The seminar was comprised of both panel discussions and presentations about topics such as the ADA and FMLA, the new U.S. Department of Labor wage and hour overtime rules, and t ..read more

By Scott A. Holt, Esq. On January 1, 2019, the new law specifically addressing the prohibition against sexual harassment under the Delaware Discrimination in Employment Act (DDEA) went into effect.  One of the biggest changes is the requirement that larger employers provide interactive training and education to employees regarding the prevention of sexual harassment.  Below are answers to some of the most common questions being asked. Q. What employers are covered under the new law’s harassment training requirement? A. The law requires any public or private sector employer with 50 or ..read more

As we should all be aware, in July 2018, the Delaware General Assembly passed, and the Governor signed, House Bill 360 (HB360), which formalized the well-established fact that sexual harassment is unlawful under Delaware state law.  Here’s what we know about enforcement, six months later.  The Law By way of refresher, HB360 is comprised of three elements.  First, it codifies the definition of sexual harassment, and the pre-existing legal defenses to sexual harassment, including the federal Faragher-Ellerth defense, which says that an employer is not liable for claims of sexual h ..read more

It will come as no surprise to most of our readers that, in the 12 to 14 months following the advent of the #MeToo movement, we have seen a marked uptick in the request for advice and assistance in the conduct of sexual harassment investigations.  Below are some thoughts to keep in mind when approaching this issue, and when to bring in the professionals. What’s Different Now? We all know that, especially in light of the current climate, sexual harassment allegations must be taken seriously and dealt with appropriately.  The EEOC has reported a significant uptick in the number of sexu ..read more

As the #MeToo movement reaches its first anniversary this year, we have been reflecting on what a dynamic year it has been for employment law. It’s almost hard to believe that it has only been one year since the earth-shattering allegations against Harvey Weinstein were made public, catalyzing the movement.  Perhaps unsurprisingly, one of the biggest effects of the #MeToo movement has been an increase in the number of sexual harassment charges and lawsuits filed in 2018.  A similar swell was seen in the year following the Anita Hill hearings, as Clarence Thomas was confirmed to the U ..read more

The news has primarily focused on the effects of the #MeToo movement in high-profile industries. The numerous falls from grace of once-prominent men (and occasionally women) in politics, comedy, and film have percolated throughout news cycles for the last twelve months. Often, the women reporting the harassment or assault had their careers stunted or completely derailed by their harassers, typically (but not universally) men who were in a position of power. But on September 18 a group of women who have been previously largely overlooked came forward. Fast-food workers from McDonald’s chains in ..read more

New York State released final, state-wide Sexual Harassment Guidelines on October 1. Employers must adopt the model policy—or publish their own that complies with the model—on or before October 9, 2018. While these new guidelines only affect employers with operations in New York, Delaware employers should take note. Delaware passed an amendment to the Discrimination in Employment Act this year, which requires mandatory training and notices specific to sexual harassment. The Delaware Department of Labor has indicated, informally, that it will take guidance from New York in terms of implementati ..read more

Chief Executive of CBS Leslie Moonves stepped down on Sunday after a second article appeared in the New Yorker detailing allegations of sexual misconduct. When the first article came out, CBS agreed to look into the allegations but kept Moonves around while the investigations could take place. When six new women came forward with disturbing allegations, Moonves finally stepped down. CBS will continue with their investigation into the allegations, but discussions of whether CBS’s problems will be “solved” now that Moonves has stepped down have led us to consider: is that enough?  Here’s th ..read more

Ahh, the luxury of flying. Getting to sit incredibly close to strangers, being cut off from your email, and having a delicious choice of broken cookies or bland pretzels to snack on. Bliss. Well now you can add sexual predators to that charming list of flight hazards. Sexual harassment, in its new prominence, is drawing a lot of attention, and airplanes are a hotbed for sexual harassment. Almost 70% of flight attendants say that they have been subjected to sexual harassment while in the air. Many say that they are poked, “somewhere between the knees and the belly button,” by passengers on, “ne ..read more

On June 12, 2018 House Bill 360 (HB360) was substituted in the House by House Substitute 1(HS1). It was voted out of Committee on June 20 and the final bill was passed on July 1 by the General Assembly. The final bill that passed had an amendment that changed some of the wording, which we discuss below. This bill will take effect on January 1, 2019. In the meantime, we have broken down the most significant differences between the original bill and its substitute. HS1 has new purpose. Literally. HS1 has added a section called purpose that lays out why the bill is being introduced. It ..read more