  Moreover, there is a crucial ambiguity in how discrimination is understood that lends itself to conflating direct discrimination with the phenomena picked out by ‘indirect discrimination’. Direct discrimination involves the imposition of disadvantages “based on” or “on account of” or “because of” membership in some salient social group. Yet, these phrases can refer either to a) the reasons that guide the acts of agents or to b) factors that do not guide agents but do help explain why the disadvantageous outcomes of certain acts and policies fall disproportionately on certain salient groups (Cf. Shin 2010). In the Roma case, the disadvantage was “because of” ethnicity in the former sense: the ethnicity of the Roma was a consideration that guided the acts of the bar owner and bartender. In the Griggs case, the disadvantage was “because of race” in the latter sense: race did not guide the acts of the company but neither was it an accident that the disadvantages of the written test fell disproportionately on blacks. Rather, race, in conjunction with the historical facts about North Carolina’s educational policies, explained why the disadvantage fell disproportionately on black employees.