Delaware Code Title 19 Sec. 743 – Employment first policy
It is hereby declared to be the policy of this State that competitive employment in an integrated setting shall be considered its first and priority option when offering or providing services to persons with disabilities who are of working age. All state agencies that provide services and support to persons with disabilities shall follow this policy and ensure that it is effectively implemented in their programs and services. Nothing in this subchapter shall be construed to limit or disallow any disability benefits to which a person with a disability who is unable to be employed as contemplated by this subchapter would otherwise be entitled. Nothing in this subchapter shall be construed to require any employer to give preference to hiring persons with disabilities.
Terms Used In Delaware Code Title 19 Sec. 743
- Competitive employment: means work in the competitive labor market that is performed on a full-time or part-time basis in an integrated setting and for which a person with a disability is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by persons without disabilities. See Delaware Code Title 19 Sec. 742
- Disability: means , with respect to an individual:
- Integrated setting: means with respect to an employment outcome, a setting typically found in the community in which persons with disabilities interact with persons without disabilities, other than persons without disabilities who are providing services to those persons with disabilities, to the same extent that persons without disabilities in comparable positions interact with other persons. See Delaware Code Title 19 Sec. 742
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Working age: means 14 years of age or older in accordance with § 505 of this title. See Delaware Code Title 19 Sec. 742