Delaware
How Burlington Industries, Inc. v. Ellerth applies in Delaware: state-specific rules, key cases, and bar exam notes for Employment Law.
Delaware follows a similar framework to the federal standard established in Ellerth, recognizing employer liability in cases of sexual harassment that leads to tangible employment actions. The state law aligns with federal standards while considering specific nuances in Delaware's labor laws.
Delaware courts apply the Ellerth-Faragher defense, allowing employers to limit liability if they can demonstrate that they took reasonable care to prevent and correct any harassment, and that the employee unreasonably failed to take advantage of preventative or corrective opportunities provided by the employer.
The court held that an employer can be held liable for harassment under the Ellerth standard if they cannot prove that they took adequate steps to address complaints of harassment in the workplace.
In this case, the court reiterated the necessity for employers to establish effective anti-harassment policies and training as a defense against liability under the principles set forth in Ellerth.
Delaware's application of the principles from Ellerth closely mirrors the federal standard under Title VII, particularly regarding the defense available to employers. However, Delaware courts may impose additional requirements for employer training and policy implementation to ensure compliance with state-specific labor regulations.
Ellerth principles are frequently covered in Delaware bar exam questions concerning employment law, specifically in topics related to workplace harassment and employer liability.