19 Del. C. § 725: Affirmative defenses.
Where this section sits in the code
- Title 19. Labor
- General Provisions
- CHAPTER 7. Employment Practices
- 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