Del. Code tit. 19 § 725

Current through 2024 Legislative Session Act Chapter 254

Section 725 - Affirmative defenses

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.

19 Del. C. § 725

66 Del. Laws, c. 337, §2; 78 Del. Laws, c. 179, § 267.;