  Additionally, as Brown makes clear, the disadvantage imposed by discrimination is to be determined relative to some appropriate comparison social group. This essential reference to a comparison group explains why duties of non-discrimination are “duties to treat people in certain ways defined by reference to the way that others are treated” (Gardner 1998: 355). Typically, the relevant comparison group is part of the same society as the disadvantaged group, or at least it is governed by the same overarching political structure. In Brown, the relevant comparison group consisted of white citizens. Accordingly, it would be mistaken to think that the black citizens of Kansas who brought the lawsuit were not discriminated against because they were treated no worse than blacks in South Africa were being treated under apartheid. Blacks in South Africa were not the proper comparison class.