Delaware
How Faragher v. City of Boca Raton applies in Delaware: state-specific rules, key cases, and bar exam notes for Employment Discrimination.
Delaware follows the federal precedent set by Faragher v. City of Boca Raton, establishing the framework for vicarious liability in supervisor sexual harassment cases. The state acknowledges the importance of employer policies and training to mitigate harassment risks.
Delaware law applies a similar standard to the 'Faragher/Ellerth' defense, requiring employers to show that they exercised reasonable care to prevent and correct harassing behavior, and that the employee unreasonably failed to utilize such measures.
The court emphasized an employer's obligation to train supervisors on sexual harassment issues, aligning with the vicarious liability principles outlined in Faragher.
Held that the existence of a clear anti-harassment policy is a critical factor in determining employer liability under Delaware law.
Reiterated the importance of prompt investigation and appropriate remedial action in cases of harassment.
Delaware's approach mirrors the federal standards laid out in Faragher, requiring a similar balance between employer responsibility and employee actions. However, Delaware law may emphasize the necessity of training programs and clear policies more heavily than federal law.
Understanding the application of Faragher in Delaware is significant for the bar exam, particularly in the context of employer liability and defenses against discrimination claims.