19 Del. C. § 725

This is the official text of 19 Del. C. § 725, part of Delaware’s Del. C — part of the compiled statutory law of Delaware, published by the state as "Del. C." Browse the sections below, each linked to its official government source.

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§ Â 725. Affirmative defenses.

Official statutory text

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.

Status: in_force · Read it on the official government site

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