  With the non-structural form of indirect discrimination, the parallel to the wrong of direct discrimination is even stronger, because the morally flawed process does occur at the retail level. In Griggs, the company’s decision to use certain exams to determine promotions contributed to the unjust disadvantages suffered by blacks from structural and direct discrimination.  Yet, the use of the exams was apparently not necessary to determine who could best perform the jobs in question or to meet any other legitimate purpose of the business. It is plausible to say, then, that the company’s decision process wrongly counted for nothing the promotion policy’s contribution to the perpetuation and even exacerbation of unjust disadvantages from which blacks already suffered. This process-based wrong is at the level of a specific agent, albeit a collective agent. The difference with direct discrimination is that it is a moral failure of omission, i.e., failing to take appropriate account of the impact of the promotion policy on blacks, rather than a failure of commission, such as deliberately excluding blacks from better-paying positions. In either case, though, an agent has engaged in a morally flawed process of practical reasoning in which the flaw concerns the role that considerations of salient group membership play. 