Delaware Sexual Harassment Lawyer: Workplace Claims Under State and Federal Law

Sexual harassment at work is illegal under Delaware and federal law. If a supervisor, coworker, or client harassed you, or your employer punished you for complaining about it, you may have a civil claim. The Sharma Law Firm reviews workplace sexual harassment claims for Delaware employees, and the first conversation is free and confidential.

One point before anything else: harassment claims usually start with a charge filed at a government agency, and those agency filing deadlines are short and vary depending on the law and the facts. If you think you have a claim, contact counsel promptly so a deadline does not pass while you are deciding what to do.

What workplace sexual harassment looks like

Sexual harassment covers unwelcome conduct of a sexual nature, and conduct directed at someone because of their sex. The law generally recognizes two patterns.

The first is when a job benefit depends on sexual conduct. A manager who ties a promotion, a schedule, a raise, or keeping your job to going along with sexual advances is engaged in this kind of harassment. A single incident can be enough.

The second is a hostile work environment. Repeated sexual comments, jokes, messages, or images, unwanted touching, or persistent pressure for dates can make a workplace hostile when the conduct is severe or pervasive enough to change the conditions of the job. Harassment does not have to come from a boss. Coworkers, customers, and vendors can create a hostile environment, and an employer that knows or should know about it has to respond.

Harassment can happen outside the office, too: at work events, on business trips, and through texts or social media, when it is connected to the job.

The laws that protect Delaware workers

Two laws do most of the work in these cases.

The Delaware Discrimination in Employment Act prohibits sex discrimination in employment, including sexual harassment, and prohibits retaliation against employees who complain about it or take part in an investigation. The Act can cover some smaller employers that federal law does not reach.

Title VII of the Civil Rights Act of 1964 is the federal law against sex discrimination in employment. It also prohibits harassment and retaliation, and it generally applies to employers with 15 or more employees.

Under both laws, a claim generally begins with a charge filed with a government agency before any lawsuit, and the time allowed to file that charge is limited. The deadlines are short and differ depending on which law applies and when the conduct happened, so talk to a lawyer promptly rather than waiting to see whether things improve.

Retaliation is its own violation. Firing, demoting, cutting hours, or moving someone to a worse shift because they reported harassment can support a claim even if the original harassment claim is disputed.

When harassment includes sexual assault

If harassment at work crossed into physical sexual assault, you may also have personal injury claims under Delaware law against the person who assaulted you and possibly the employer. These claims follow different deadlines from the agency process:

• For an assault on an adult, the general deadline is two years under 10 Del. C. § 8119, and the specific claim and the date it accrued can matter. Treat it as urgent.
• For sexual abuse of a minor by an adult, including a teenage employee, 10 Del. C. § 8145 permits a civil action at any time where the conduct would be a sexual offense under Delaware criminal law.

These are civil deadlines, not criminal ones. Reporting to police is your choice and is not required to bring a civil claim. For more on assault claims, see our page on civil claims after a sexual assault in Delaware, or our overview of Delaware sexual abuse cases.

Steps that protect your claim

You do not need to do any of these things before calling us, but they help:

• Write down what happened, with dates, places, and the names of anyone who saw it. Keep your notes somewhere personal, not on a work computer or work account.
• Save texts, emails, and messages you received that you are allowed to keep.
• If it feels safe, report the harassment through your employer's complaint process and keep a copy of what you submitted. Ask a lawyer first if you are unsure how to word it.
• Keep copies of performance reviews and schedules that show how you were treated before and after you complained.

Our contingency fee is 33.33% of the recovery, and there is no attorney's fee unless we recover. The firm advances all case costs. If we win, those costs are reimbursed from the settlement or recovery. If we lose, the firm absorbs the costs and you owe nothing. The firm is veteran-owned, and Hablamos español: paralegals Santiago Araujo, Humberto Buitrago, Lesly Escobar and Paul Barrera Rosales all speak Spanish.

Frequently asked questions

What counts as sexual harassment under Delaware law?

Unwelcome sexual advances, requests for sexual favors, and other sexual conduct can be harassment when a job benefit depends on it or when it is severe or pervasive enough to create a hostile work environment. Conduct aimed at you because of your sex can qualify even if it is not sexual in content.

How long do I have to file a sexual harassment claim in Delaware?

Harassment claims under the Delaware Discrimination in Employment Act and Title VII generally require an agency charge first, and those filing deadlines are short and vary. Contact a lawyer promptly. If the harassment included a physical assault, separate Delaware deadlines apply to the injury claims.

Can my employer fire me for reporting harassment?

Both Delaware law and Title VII prohibit retaliation for reporting harassment or taking part in an investigation. Retaliation can support its own claim.

Does the harasser have to be my supervisor?

No. Coworkers, customers, and vendors can all create a hostile work environment. How the employer responded once it knew or should have known is often central to the case.

What if the harassment happened by text or at an off-site event?

Harassment connected to your job can count even when it happens outside the workplace, including messages sent after hours and conduct at work events or on business trips.

Do I need proof before I call?

No. Your own account is evidence. We can help identify and preserve messages, records, and witnesses once we understand the situation.

Free, confidential case review. Please don't include sensitive details until we've spoken. Call (302) 781-3077, or use the case review form on this page. Contacting the firm does not create an attorney-client relationship.