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2017 Delaware Code
Title 19 - Labor
CHAPTER 7. EMPLOYMENT PRACTICES
Subchapter III Persons With Disabilities Employment Protections
§ 725. Affirmative defenses.
Universal Citation: 19 DE Code § 725 (2017)
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.
66 Del. Laws, c. 337, § 2; 78 Del. Laws, c. 179, § 267.;
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