ABSTRACT
Laws that prohibit discrimination typically prohibit discrimination on the basis of particular, listed traits. For example, discrimination on the basis of race, sex, disability or religion is prohibited. An act or policy (directly) discriminates if the actor or the policy treats person A differently from B on the basis of A having or lacking some trait X. Discrimination on the basis of race may seem different than discrimination on the basis of bar passage because a person has no control over her race while she has significant control over whether she passes the bar exam. Discrimination, in the non-moralized sense, is ubiquitous. Many actions and policies distinguish between people on the basis of some trait (direct discrimination). The claim that racial segregation of public facilities expresses denigration is a claim about the objective meaning of the policy. The reason that differentiation among people is cause for moral concern is that people matter equally.
