; and (2) by adding at the end the following: (b) (1) (A) Discrimination (including exclusion from participation and denial of benefits) based on disparate impact is established under this title only if— (i) a person aggrieved demonstrates that a covered agency has a program, policy, practice, or activity that causes a disparate impact on the basis of race, color, or national origin and the covered agency fails to demonstrate that the challenged program, policy, practice, or activity is related to and necessary to achieve the nondiscriminatory goal of the program, policy, practice, or activity alleged to have been operated in a discriminatory manner