Are disabled workers entitled to any special protection from discrimination in the workplace?
Yes, disabled workers in Delaware are entitled to special protection from discrimination in the workplace. The Delaware Human Relations Act prohibits employers from discriminating against any employee on the basis of their disability. This protection is extended to any employee with a mental or physical impairment that substantially limits one or more major life activities. Under the Act, employers cannot discriminate against a disabled worker in terms of terms, conditions, or privileges of employment including job applications, hiring practices, layoffs or terminations, and promotions. Harassment or segregation due to a disability are also prohibited. Employers must also make “reasonable accommodations” for any disabled employee, provided that the employee can still do the essential functions of the job. Accommodations may include changes or modifications to the physical workplace, adjustment of training materials or exams, a modified break schedule, or any other adjustments that allow the employee to perform their job. In short, disabled workers are entitled to the same rights and protections as non-disabled workers in the workplace. An employer cannot refuse to hire, terminate, or discriminate against an employee due to their disability, and must make reasonable accommodations to ensure the disabled employee has equal access to their job.
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