Delaware § 725 Affirmative defenses

Delaware Statutes

§ 725 — Affirmative defenses

Delaware § 725

JurisdictionDelaware

Title19

PartGeneral Provisions

Ch. 7EMPLOYMENT PRACTICES

Subch.Persons With Disabilities Employment Protections

This text of Delaware § 725 (Affirmative defenses) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 19, § 725 (2026).

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.

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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.