['Disabilities and ADA']
['Disabilities and ADA']
02/02/2024
Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
...
SEARCH
Summary of differences between federal and state regulations
Employer defined
Effective 1/31/15, “employer” means any person employing four or more employees within the State at the time of an alleged violation, including the state or any political subdivision or board, department, commission or school district thereof. The term “employer,” with respect to discriminatory practices based upon sexual orientation or gender identity, does not include religious corporations, associations or societies whether supported, in whole or in part, by government appropriations, except where the duties of the employment or employment opportunity pertain solely to activities of the organization that generate unrelated business taxable income subject to taxation under § 511(a) of the Internal Revenue Code of 1986 [26 U.S.C. § 511(a)]. (SB 185, enacted 7/31/14; Volume Chapter: 79:381)
Unlawful employment practices
The unlawful employment practices and exemptions are similar to those under the federal Americans With Disabilities Act, including the requirement for employers to make reasonable accommodations.
Reasonable accommodation
Unless otherwise provided, “reasonable accommodation” does not require that an employer:
- Provide accommodations of a personal nature, including, but not limited to, eyeglasses, hearing aids or prostheses, except under the same terms and conditions as such items are provided to the employees generally;
- Reassign duties of the job in question to other employees without assigning to the employee with a disability duties that would compensate for those reassigned;
- Reassign duties to other employees where such reassignment would significantly increase the skill, effort, or responsibility required of those employees from that required prior to the change;
- Make changes to accommodate a person with a disability where:
- For a new employee, the cost of such changes would exceed five percent of the annual salary or annualized hourly wage of the job in question; or
- For an existing employee, the total cost of the changes would bring the total cost made to accommodate the employee’s disabilities since the employee’s initial acceptance of employment to greater than five percent of the employee’s current salary or current annualized hourly wage; or
- Make any changes that would impose on the employer an undue hardship, provided that the costs of less than five percent of an employee’s salary or annualized wage is presumed not to be an undue hardship.
It is unlawful for an employer or employment agency to require an applicant to identify him or herself as a person with a disability prior to a conditional offer of employment. However, any employer may invite an applicant to identify him or herself as a person with a disability in order to act affirmatively on that applicant’s behalf.
It is not a violation to:
- Make an employment decision on the basis of state and federal laws or regulations imposing physical, mental, health, or educational job requirements;
- Make pre-employment or pre-promotional inquiries which are directly related to an applicant’s ability to perform essential job-related functions; or
- Terminate or change the employment status of any person who is unable to adequately perform his or her essential job functions, or to discriminate among persons on the basis of competence or performance in essential job functions if the employer has investigated and made reasonable accommodations.
In defense of any action to enforce the unlawful employment practices, a respondent may assert affirmative defenses, including, but not limited to, the following:
- Despite reasonable accommodation, a person with a disability cannot satisfactorily perform the essential functions of the job in question;
- 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;
- Any of the enumerated exceptions to reasonable accommodation set forth, including undue hardship, are applicable.
Every employer must post in conspicuous places upon its premises where notices are customarily posted, a notice setting forth excerpts from the law and information pertinent to filing complaints.
Insurance discrimination
The Delaware laws for insurance prohibit the refusal to insure, or continuing to insure, or limiting the amount, extent or kind of coverage available to an individual, or charging a different rate for the same coverage solely because of a physical or mental impairment, except where the refusal, limitation or rate differential is based on sound actuarial principles or is related to actual or reasonably anticipated experience.
State
Contact
Office of Labor Law Enforcement
Regulations
Delaware Code Title 19, Part I, Chapter 7, Subchapter III. Persons with Disabilities Employment Protections
Delaware Administrative Code, Title 18, 1200 Life Insurance & Annuities, §1217, Unfair Discrimination in Life Insurance, Annuities and Health Insurance on the Basis of Physical or Mental Impairment
Federal
Contact
Equal Employment Opportunity Commission (EEOC)
Regulations
Americans With Disabilities Act
29 CFR Parts 1630, Regulations to Implement the Equal Employment Provisions of the Americans With Disabilities Act
READ MORESHOW LESS
['Disabilities and ADA']
['Disabilities and ADA']
Load More
J. J. Keller is the trusted source for DOT / Transportation, OSHA / Workplace Safety, Human Resources, Construction Safety and Hazmat / Hazardous Materials regulation compliance products and services. J. J. Keller helps you increase safety awareness, reduce risk, follow best practices, improve safety training, and stay current with changing regulations.
Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.