Delaware Code Title 19 Sec. 725 – Affirmative defenses
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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.
Terms Used In Delaware Code Title 19 Sec. 725
- Disability: means any condition or characteristic that renders a person a person with a disability as defined in this section. See Delaware Code Title 19 Sec. 722
- Employer: means a person qualifying as an employer under § 710 of this title. See Delaware Code Title 19 Sec. 722
- Person with a disability: means any person who satisfies any 1 of the following:
- Reasonable accommodation: means making reasonable changes in the work place, including, but not limited to, making facilities accessible, modifying equipment and providing mechanical aids to assist in operating equipment, or making reasonable changes in the schedules or duties of the job in question that would accommodate the known disability of a person with a disability by enabling such person to satisfactorily perform the essential duties of the job in question; provided that "reasonable accommodation" unless otherwise prescribed by applicable law, does not require that an employer: