2023 Delaware Code › Title 19 - Labor › Chapter 7. EMPLOYMENT PRACTICES › Subchapter III. Persons With Disabilities Employment Protections › § 724. Unlawful employment practices.

§ 724. Unlawful employment practices.
(a) Employer prohibitions. — It shall be an unlawful employment practice for an employer because of disability to:
(1) Fail or refuse to hire, recruit or promote a qualified person with a disability who seeks such an employment opportunity in good faith;
(2) Discharge or otherwise discriminate against qualified persons with disabilities with respect to compensation, terms, conditions or privileges of employment;
(3) Limit, segregate or classify an employee or applicant for employment in a way which deprives or tends to deprive a qualified person with a disability of employment opportunities or otherwise adversely affects the status as an employee of the qualified person with a disability;
(4) Fail or refuse to hire, recruit or promote a qualified person with a disability who seeks such an employment opportunity in good faith on the basis of physical, mental or other examinations that are not directly related to the essential functions of the job; or
(5) Discharge or take other discriminatory action against a qualified person with disability on the basis of physical, mental or other examinations that are not directly related to the essential functions of the job.
(b) Employment agency prohibitions. — It shall be an unlawful employment practice for an employment agency to refuse or fail to accept, register, classify properly, refer for employment or otherwise to discriminate against a qualified person with a disability because of disability.
(c) Labor organization prohibitions. — It shall be an unlawful employment practice for a labor organization because of disability to:
(1) Exclude or expel from its membership or otherwise discriminate against any qualified person with a disability;
(2) Limit, segregate or classify its membership or classify or fail to refuse to refer for employment any qualified person with a disability in any way which would deprive or tend to deprive any such person of employment opportunities or would limit such employment opportunities or otherwise adversely affect such person's status as an employee or an applicant for employment;
(3) Cause or attempt to cause an employer to discriminate against a qualified person with a disability in violation of this section; or
(4) Fail to cooperate with an employer's efforts to provide reasonable accommodation to a qualified person with a disability to the extent it controls job structure and other employment conditions.
(d) Training program prohibitions. — It shall be an unlawful employment practice for any employer, employment agency, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any qualified person with a disability because of disability in admission to or employment in any program established to provide apprenticeship or other training.
(e) Other prohibitions. — (1) It shall be an unlawful employment practice for an employer or employment agency to require an applicant to identify the applicant's self as a person with a disability prior to a conditional offer of employment; however, any employer may invite an applicant to identify that applicant's self as a person with a disability in order to act affirmatively on that applicant's behalf.
(2) It shall be an unlawful employment practice for an employer, labor organization or employment agency to fail to meet the duties imposed on them by § 723(b) of this title.
(f) Exceptions. — It shall not be considered a violation of this section for an employer, employment agency or labor organization:
(1) To make an employment decision on the basis of state and federal laws or regulations imposing physical, mental, health or educational job requirements;
(2) To make preemployment or prepromotional inquiries which are directly related to an applicant's ability to perform essential job-related functions;
(3) To terminate or change the employment status of any person who is unable to adequately perform that person's own essential job functions, or to discriminate among persons on the basis of competence or performance in essential job functions if the employer, employment agency or labor organization has complied with § 723(b) of this title;
(4) To require or request a person to undergo a medical examination, which may include a medical history, for the purpose of determining the person's ability or capacity to safely and satisfactorily perform the duties of available jobs for which the person is otherwise qualified, or to aid in determining possible accommodations for a disability, provided:
a. That an offer of employment has been made on the condition that the person meets the physical and mental requirements of the job with or without reasonable accommodation; and
b. That the examination, unless limited to determining the extent to which a person's disability would interfere with that person's own ability or capacity to safely and satisfactorily perform the duties of the job in question or the possible accommodations for a disability, is required of all persons offered employment for the same position regardless of disability; or
(5) To administer preemployment tests, provided that the tests:
a. Measure only job-related abilities;
b. Are required of all applicants for the same position unless such tests are limited to determining the extent to which a person's disability would interfere with that person's own ability to safely and satisfactorily perform the duties of the job in question or the possible accommodation of the job in question; and
c. Accurately measure the applicant's aptitude, achievement level or whatever factors they purport to measure rather than reflecting the impaired sensory, manual or speaking skills of the person with a disability except when those skills are requirements of the job in question.
66 Del. Laws, c. 337, §  2;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 179, §§  263-266;