; or (ii) a less discriminatory alternative program, policy, practice, or activity exists, and the covered entity refuses to adopt such alternative program, policy, practice, or activity. (B) With respect to demonstrating that a particular program, policy, practice, or activity does not cause a disparate impact, the covered entity shall demonstrate that each particular challenged program, policy, practice, or activity does not cause a disparate impact, except that if the covered entity demonstrates to the courts that the elements of the covered entity’s decision-making process are not capable of separation for analysis, the decision-making process may be analyzed as 1 program, policy, practice, or activity. (2) A demonstration that a program, policy, practice, or activity is necessary to achieve the goals of a program, policy, practice, or activity may not be used as a defense against a claim of intentional discrimination under this title. (3) No person in the United States shall be subjected to discrimination, including retaliation or intimidation, because such person opposed any program, policy, practice, or activity prohibited by this title, or because such person made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this title. (4) In this subsection— (A) the term demonstrates means to meet the burdens of going forward with the evidence and of persuasion; and (B) the term disparate impact means an action or practice that, even if appearing neutral, actually has the effect of subjecting persons to discrimination on the basis of their race, color, or national origin. . 604. Provision for right of action (a) In general Section 602 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d–1 ) is amended— (1) by inserting (a) before Each Federal department and agency which is empowered