; and (2) by inserting after subsection (b) the following: (c) (1) (A) Subject to the conditions described in paragraphs (1) through (9) of subsection (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 by discrimination on the basis of sex (as such term is defined in section 208 of the Civil Rights Act of 1964) (referred to in this title as an person aggrieved ) demonstrates that an entity subject to this title (referred to in this title as a covered entity ) has a policy or practice that causes a disparate impact on the basis of sex and the covered entity fails to demonstrate that the challenged policy or practice is related to and necessary to achieve the nondiscriminatory goals of the program or activity alleged to have been operated in a discriminatory manner