Orange County NC Website
31 <br /> impact on the basis of race, color, religion, sex, national origin, <br /> age, disability, familial status, or veteran status and the <br /> respondent fails to demonstrate that the challenged practice is job <br /> related for the position in question and consistent with business <br /> necessity; or <br /> (2 ) the complaining party makes a demonstration with <br /> respect to an alternative employment practice and the respondent <br /> refuses to adopt such alternative employment practice. A <br /> "demonstration with respect to an alternative employment practice" <br /> shall be in accordance with the law as it existed on June 4 , 1989 . <br /> ( 3) a. With respect to demonstrating that a particular <br /> employment practice causes a disparate impact as described herein, <br /> the complaining party shall demonstrate that each particular <br /> challenged employment practice causes a disparate impact, except <br /> that if the complaining party can demonstrate to the court that the <br /> elements of a respondent's decision making process are not capable <br /> of separation for analysis , the decision making process may be <br /> analyzed as one employment practice. <br /> (3) b. If the respondent demonstrates that a specific <br /> employment practice does not cause the disparate impact, the <br /> respondent shall not be required to demonstrate that such practice <br /> is required by business necessity. <br /> (n) A demonstration that an employment practice is required <br /> by business necessity may not be used as a defense against a claim <br /> of intentional discrimination under this Ordinance. <br /> 26 <br />