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Employers are highly encouraged to do the following:
Position Statements
Position statements shall provide an “Adequate Affirmative Defense” for the alleged material adverse employment actions taken against the Employee. Failure to do so may result in a “Cause Finding.”
For example, in a Disability (Failure to Accommodate) claim, the Employer must effectively articulate a “Direct Threat” defense. Whereas an “Undue Hardship” must be supported by evidence that can be verified independently.
Employers should foster/create a work environment that is Inclusive, Safe, and free of Discrimination
Related Topics: Anti-Discrimination, Delaware Discrimination in Employment Act (DDEA), Employers, Industrial Affairs, Position Statements