The Delaware Persons with Disabilities Employment Protections Act prohibits employers from discriminating against a qualified individual with a disability (DE Code Tit. 19 Sec. 720 et seq.). The law applies to all public employers and private employers with four or more employees.
“Disability” defined. The law defines a "person with a disability" as any person who:
• Has a physical or mental impairment that substantially limits one or more major life activities;
• Has a record of such impairment; or
• Is regarded as having such an impairment.
A “regarded as” impairment means a person:
• Has a physical or mental impairment that does not substantially limit major life activities but who is treated as such;
• Has a physical or mental impairment that substantially limits major life activities because of the attitudes of others; or
• Does not have a physical or mental impairment but is treated as having such an impairment.
Although the federal Americans with Disabilities Act (ADA) has similar provisions to the state law, the definition of a “regarded as” disability is different. Under the 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.
Qualified person with a disability. Under state law, employers are required to hire or retain a person with a disability who, with or without reasonable accommodation, can satisfactorily perform the essential functions of the job in ...