CHAPTER 349

FORMERLY

HOUSE BILL NO. 46

AN ACT TO AMEND TITLE 29, DELAWARE CODE, RELATING TO SEXUAL HARASSMENT BY EMPLOYEES OF THE STATE.

WHEREAS, most of society has come to recognize and deplore the use, by persons who are in a position to cause emotional, economic or psychological harm to others, of that power as a weapon to compromise the sexual integrity of individuals who are younger or placed in relatively helpless circumstances; and

WHEREAS, no remedy Is presently available to offer any substantial protection to persons caught in such circumstances; and

WHEREAS, such behavior might be prevented were there serious sanctions against such conduct. NOW THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §5805, Chapter 58, Title 29 of the Delaware Code by adding thereto a new subsection (1) which shall read as follows:

"(1) No employee, in the course of his or her employment, shall use the granting of sexual favors as a condition, either explicit or implicit, for an individual's favorable treatment by that employee or employee's agency."

Approved June 30, 1986.