Delaware ADA: What you need to know
The Delaware Handicapped Persons Employment Protections Act prohibits employers from discriminating against a qualified individual with a handicap (DE Code Tit. 19 Sec. 720et seq.). The law applies to all public employers and private employers with 15 or more employees.
"Handicapped" defined. The law defines "handicapped" individuals as those:
- With a physical or mental impairment that substantially limits one or more major life activities;
- With a record of such impairment; or
- Regarded as having such an impairment.
Although the federal Americans with Disabilities Act (ADA) has similar provisions to the state law, amendments to the ADA broadened the definition of "disability" and expressly changed the ADA's definition of a "regarded as" disability. Under the amended ADA, a person is regarded as having an ADA disability if he or she is subjected to an adverse employment action (e.g., demotion or firing) because of an actual or perceived impairment. The impairment does not have to substantially limit a major life activity in order to meet the definition of a regarded as disability.
The ADA covers employers with 15 or more employees, including state and local governments. Please see the national Disabilities (ADA) section.
Qualified handicapped individuals. Under state law, employers are required to hire or retain a handicapped individual who, with or without reasonable accommodation, can satisfactorily perform the essential functions of the job in question.
Exclusion for substance abuse. The law specifically excludes from protection alcoholics or drug abusers whose current use of alcohol or drugs renders them:
- Unable to satisfactorily perform the job in question;or
- A direct threat to the property or safety of ...
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Delaware ADA Resources
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