(a) This subchapter is intended to encourage and enable qualified persons with disabilities to engage in remunerative employment which is sought by them in good faith. The General Assembly finds that the practice of employment discrimination based on disability is contrary to the public interest and the principles of freedom and equality of opportunity. Such discrimination also deprives many persons with a disabilities of earnings necessary to maintain or contribute to a decent standard of living and necessitates their resort to public support.

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Terms Used In Delaware Code Title 19 Sec. 721

  • Disability: means any condition or characteristic that renders a person a person with a disability as defined in this section. See Delaware Code Title 19 Sec. 722
  • Employer: means a person qualifying as an employer under § 710 of this title. See Delaware Code Title 19 Sec. 722
  • Person with a disability: means any person who satisfies any 1 of the following:

    a. See Delaware Code Title 19 Sec. 722

  • Reasonable accommodation: means making reasonable changes in the work place, including, but not limited to, making facilities accessible, modifying equipment and providing mechanical aids to assist in operating equipment, or making reasonable changes in the schedules or duties of the job in question that would accommodate the known disability of a person with a disability by enabling such person to satisfactorily perform the essential duties of the job in question; provided that "reasonable accommodation" unless otherwise prescribed by applicable law, does not require that an employer:

    a. See Delaware Code Title 19 Sec. 722

  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302

(b) This subchapter shall be liberally construed to promote the full employment opportunity of qualified persons with a disabilities who seek such opportunity in good faith. Furthermore, in defining the scope or extent of any duty imposed by this subchapter, including the duty of reasonable accommodation, higher or more comprehensive obligations established by otherwise applicable federal, state or local enactments may be considered. Nothing in this subchapter, however, shall be construed to impose liability upon any employer for selecting, hiring or promoting in good faith an applicant without disability or employee who is better qualified than another applicant or employee who is a qualified person with a disability.

66 Del. Laws, c. 337, § ?2; 78 Del. Laws, c. 179, §§ ?251-253;