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DE HB336

Bill

Status

Introduced

5/29/2020

Primary Sponsor

Valerie Longhurst

Click for details

Origin

House of Representatives

150th General Assembly

AI Summary

  • Creates the "Public Employee Sexual Violence Act" allowing public employees to file civil suits for sexual violence by supervisors in Delaware Superior Court, even if the statute of limitations has expired.

  • Defines "sexual violence" to include non-consensual touching of intimate body parts, oral contact, penetration, threats of sex acts, unwanted sexual solicitations, exposure of genitals, coerced sexual acts, and sexually explicit workplace communications.

  • Establishes a one-year window from the effective date for previously time-barred victims to file claims if they can prove they did not report within the original statute of limitations due to employer retaliation, failure to investigate, continued harassment, or blackmail.

  • Limits employer liability to cases where the employer engaged in a pattern or practice to dissuade or prevent reporting of sexual violence, with the intent to deny employees' rights under Delaware or federal employment law.

  • Eliminates the State Tort Claims Act and County and Municipal Tort Claims Act as available defenses for claims filed under this section.

Legislative Description

An Act To Amend Title 10 Of The Delaware Code Relating To The Statute Of Limitations For Victims Of Sexual Violence.

Last Action

Introduced and Assigned to Judiciary Committee in House

5/29/2020

Committee Referrals

Judiciary5/29/2020

Full Bill Text

No bill text available