; or (ii) the person aggrieved demonstrates (consistent with the demonstration required under title VII with respect to an alternative employment practice ) that a less discriminatory alternative policy or practice exists, and the covered entity refuses to adopt such alternative policy or practice. (B) (i) With respect to demonstrating that a particular policy or practice causes a disparate impact as described in subparagraph (A)(i), the person aggrieved shall demonstrate that each particular challenged policy or practice causes a disparate impact, except that if the person aggrieved demonstrates to the court that the elements of a covered entity’s decisionmaking process are not capable of separation for analysis, the decisionmaking process may be analyzed as 1 policy or practice. (ii) If the covered entity demonstrates that a specific policy or practice does not cause the disparate impact, the covered entity shall not be required to demonstrate that such policy or practice is necessary to achieve the goals of its program or activity. (2) A demonstration that a policy or practice is necessary to achieve the goals of a program or activity may not be used as a defense against a claim of intentional discrimination under this title. (3) In this subsection, the term demonstrates means meets the burdens of production and persuasion. . (b) Education Amendments of 1972 Section 901 of the Education Amendments of 1972 ( 20 U.S.C. 1681 ) is amended— (1) by redesignating subsection (c) as subsection (e)