Orange County NC Website
32 <br /> (o) Notwithstanding any other provision of this title, a rule <br /> barring the employment of an individual who currently and knowingly <br /> uses or possesses a controlled substance, as defined in schedules <br /> I and II of Section 812 of the Controlled Substances Act ( 21 U.S .C . <br /> §812 ) other than the use or possession of a drug taken under the <br /> supervision of a licensed health care professional, or any other <br /> use or possession authorized by the Controlled Substances Act or <br /> any other provision of Federal law, shall be considered an unlawful <br /> employment practice under this Ordinance only if such rule is <br /> adopted or applied with an intent to discriminate because of race, <br /> I <br /> color, religion, sex, national origin, age, disability, familial <br /> status , or veteran status . <br /> (p) Except as otherwise provided in this Article, an unlawful <br /> employment practice is established when the complaining party <br /> demonstrates that race, color, religion, sex, national origin, age, <br /> disability, familial status, or veteran status was a motivating <br /> factor for any employment practice, even though other factors also <br /> motivated the practice. <br /> (q) On a claim in which an individual proves a violation <br /> under subsection (p) and a respondent demonstrates that the <br /> respondent would have taken the same action in the absence of the <br /> impermissible motivating factor, the court: <br /> ( 1) may grant declaratory relief, injunctive relief and <br /> attorney' s fees and costs demonstrated to be directly attributable <br /> only to the pursuit of a claim under section (p) ; and <br /> 27 <br />