US Laws, Codes, Statutes & Cases

§ 41A‑5.  Proof of violation.

(a)       It is a violation of this Chapter if:

(1)       A person by his act or failure to act intends to discriminate against a person.  A person intends to discriminate if, in committing an unlawful discriminatory housing practice described in G.S. 41A‑4 he was motivated in full, or in any part at all, by race, color, religion, sex, national origin, handicapping condition, or familial status.  An intent to discriminate may be established by direct or circumstantial evidence; or

(2)       A person's act or failure to act has the effect, regardless of intent, of discriminating, as set forth in G.S. 41A‑4, against a person of a particular race, color, religion, sex, national origin, handicapping condition, or familial status.  However, it is not a violation of this Chapter if a person whose action or inaction has an unintended discriminatory effect, proves that his action or inaction was motivated and justified by business necessity.

(b)       It shall be no defense to a violation of this Chapter that the violation was requested, sought, or otherwise procured by another person. (1983, c. 522, s. 1; 1987, c. 603, s. 1; 1989, c. 507, s. 3.)