; or (B) the person aggrieved demonstrates that a less discriminatory alternative policy or practice exists, and the covered entity refuses to adopt such alternative policy or practice. (2) Demonstration (A) Causation With respect to demonstrating that a particular policy or practice causes a disparate impact as described in subsection (a)(1), 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. (B) No requirement To demonstrate 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. (b) Necessity of intentional discrimination To achieve policy goals not a defense 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. (c) Definition In this section, the term demonstrates means meets the burdens of production and persuasion. 824. Relief for claims based on differing standards of proof (a) Claims Based on Proof of Intentional Discrimination In an action brought by a person aggrieved under this title against a covered entity who has engaged in unlawful intentional discrimination (not a practice that is unlawful because of its disparate impact) prohibited under this title (including its implementing regulations), the person aggrieved may recover equitable and legal relief (including compensatory and punitive damages), attorney’s fees (including expert fees), and costs, except that punitive damages are not available against a government, government agency, or political subdivision. (b) Claims