{"data":{"id":"us-de/19-del.-c.-725","jurisdiction":"us-de","citation":"19 Del. C. § 725","heading":"Affirmative defenses.","body":"In defense of any action to enforce § 724 of this title a respondent may assert affirmative defenses, including, but not limited to, the following:\n(1) Despite reasonable accommodation, a person with a disability cannot satisfactorily perform the essential functions of the job in question;\n(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;\n(3) Any of the enumerated exceptions to reasonable accommodation set forth in § 722(6) of this title, including undue hardship, are applicable.","path":["Title 19. Labor","General Provisions","CHAPTER 7. Employment Practices","Subchapter III. Persons With Disabilities Employment Protections"],"source_url":"https://delcode.delaware.gov/title19/c007/sc03/index.html#725","current_through":"2026-08-10 (85 Del. Laws, c. 421, 424)","vintage":"","retrieved_at":"2026-09-05T23:02:25Z","sha256":"c07118958a87b95c0ae65a47204c9652d710ba5f03706ce6e91ae66b99f1e85d","source_id":"us-de","stale":true,"prev":"us-de/19-del.-c.-724","next":"us-de/19-del.-c.-726"},"notice":"GroundRules: Original legal text. Not legal advice."}