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Delaware · Through 2026-08-10 (85 Del. Laws, c. 421, 424) · Newer source version available

19 Del. C. § 725: Affirmative defenses.

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Where this section sits in the code
  1. Title 19. Labor
  2. General Provisions
  3. CHAPTER 7. Employment Practices
  4. Subchapter III. Persons With Disabilities Employment Protections

In defense of any action to enforce § 724 of this title a respondent may assert affirmative defenses, including, but not limited to, the following:

(1) Despite reasonable accommodation, a person with a disability cannot satisfactorily perform the essential functions of the job in question;

(2) Employment of a person with a disability creates an unreasonable and demonstrable risk to the safety or health of the person with a disability, other employees, the employer’s customers or the public;

(3) Any of the enumerated exceptions to reasonable accommodation set forth in § 722(6) of this title, including undue hardship, are applicable.

Collected 2026-09-05T23:02:25Z. Source file · JSON

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