  The thought that the policy of the company in Griggs is a kind of discrimination, viz., indirect discrimination, seems to trade on the ambiguity in the meanings of the locutions ‘based on’, ‘because of’, ‘on account of’, and so on. The state of North Carolina’s policy of racial segregation in education imposed disadvantages based on/because of/on account of race, in one sense of those terms. The company’s policy of using a written test imposed disadvantages based on/because of/on account of race, in a different sense. Even conceding that both the state and the company wronged blacks on the basis of their race, it appears that the two cases present two different kinds of wrong.