 The critics of the idea of indirect discrimination think that Jones is conflating distinct wrongs: the right of equal opportunity can be violated by discrimination, but it can also be violated by other sorts of wrongs.  Even if certain dress codes violate the right and do so in a way that tracks a particular religious identity, it does not follow that the codes are cases of wrongful discrimination.  But Jones can respond that, as long as the wrongful treatment tracks salient social categories, differentially disadvantaging persons belonging to such a category, then characterizing the treatment as discrimination is in order.