The Delaware Persons With Disabilities Employment Protections Act prohibits discrimination in employment against a qualified person with a disability. The law covers all public employers and private employers with four or more employees, including employment agencies and labor unions (DE Code Tit. 19 Sec. 722). Individuals with acquired immunodeficiency syndrome (AIDS) and other diseases are protected if they meet the statutory definition of being a qualified person with a disability. Employers are required to make reasonable accommodations so that a qualified person with a disability can perform the essential functions of the job or enjoy the benefits and privileges of employment equal to those employees without disabilities.
"Person with a disability" defined. "Person with a disability" is defined as any person who:
• Has a physical or mental impairment which substantially limits one or more major life activities;
• Has a record of such an impairment; or
• Is regarded as having such an impairment.
Exclusions from the definition of "person with a disability." The definition excludes an alcoholic or a drug abuser whose current use of alcohol or drugs prevents him or her from performing the duties of the job or whose employment would constitute a direct threat to the property or safety of others.
Retaliation prohibited. An employer may not discriminate against any individual for opposing unlawful discrimination or for testifying, assisting, or participating in proceedings to enforce the provisions of the law (DE Code Tit. 19 Sec. 726).
According to state regulations, an employer may refuse to allow an individual to work in a food-handling job if:
• That individual is disabled by an ...