; and (B) if the complaining party proffers an alternative, that that alternative is either inconsistent with substantial business necessity or would produce an equal or greater disparate impact on the basis of a classification protected by subsection (d). (3) Limitation on substantial business necessity defense A demonstration that a criterion, method of administration, practice, or policy is required by a substantial business necessity may not be used as a defense against a claim of intentional discrimination under this section. (f) Protection against impairment All rights protected by this section are protected against impairment by nongovernmental discrimination and impairment under color of State law. (g) Burden of proof for discriminatory treatment actions (1) Protected classification In this subsection, the term protected classification means a classification protected by subsection (d). (2) Demonstration The equal rights guaranteed under subsection (d) shall be considered to be denied when the complaining party demonstrates that race or a protected classification was a motivating factor for the denial of such rights even though other factors also motivated the denial. A denial of equal rights guaranteed under subsection (d) may be established with comparator evidence or any other evidence that sufficiently demonstrates a denial of such rights, including evidence of conduct that a reasonable person would find racially hostile. (h) Standing Any person suffering injury in fact as a result of the alleged violation of this section may bring a claim or cause of action for damages, or for equitable or for declaratory relief, under this section. Standing shall not be limited to victims who were parties to, or third-party beneficiaries of, a contract with the defendant. (i) Respondeat superior liability Principals shall be liable for violations of this section by their agents, and local governments shall be liable for violations of this section by their employees, acting within the scope of their duties. (j) Jury