§ 12-10. Proof of violation.

(a)

It is a violation of this Chapter if:

(1)

A person by his or her act or failure to act intends to discriminate against a person. A person intends to discriminate if, in committing an unlawful housing practice in Section 12-9 of this Chapter he or she was motivated in full, or in any part at all, by race, color, religion, sex, national origin, age, disability, familial status, or veteran 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 Section 12-9 of this Chapter, against a person of a particular race, color, religion, sex, national origin, age, disability, familial status, or veteran status.

(b)

However, it is not a violation of this Chapter if a person whose action or inaction has an unintended discriminatory effect, proves that his or her action or inaction was motivated and justified by business necessity.

(c)

It shall be no defense to a violation of this Ordinance that the violation was requested, sought, or otherwise procured by another person.

(Ord. of 8-3-1995, Art. V, § 5.2, eff. 1-1-1995)