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Current as of January 01, 2026 | Updated by Findlaw Staff
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.
Cite this article: FindLaw.com - Delaware Code Title 19. Labor § 725. Affirmative defenses - last updated January 01, 2026 | https://codes.findlaw.com/de/title-19-labor/de-code-sect-19-725/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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