Gonzalez V. Bollinger, 2003: Tayyari Vs. New Mexico State University

Often times it seems as though when people mention discrimination they are only referring to the race of an individual; however, discrimination also includes “gender, nationality, handicapping conditions, physical qualifications, religion, age, and sexual orientation” (Travis, 2018e). There are two types of discrimination; 1) de jure, 2) de facto. De jure is discrimination enforced by law, and was eliminated in 1954 after the Brown v. Board of Education ruling and the Civil Rights Act of 1964 (Travis, 2018e). De facto, which is difficult to prove, is “discrimination in practice” (Travis, 2018e). Institutions are not allowed to discriminate against potential students, current students or employees. If an institution or state does discriminate

Baylor College of Medicine, 1984; Gonzalez v. Southern Methodist University, 1976; Grutter v. Bollinger, 2003; Tayyari v. New Mexico State University, 1980). Grutter v. Bollinger (2003) is an example where it was believed that race influenced the admission chances of students into the Law School mentioned. While race was a factor in admissions into the Law School, it was not given a large enough weight to influence admissions selection, but rather to ensure diversity among those admitted; this practice was found to be acceptable (Grutter v. Bolli, 2003). In some cases that have been brought before the courts it is not just the application process that some believe is discriminatory, but the admissions tests as well. Grutter v. Bollinger (2003) mentioned the LSAT as being unfavorable for minority students, however Gonzalez v. Southern Methodist University (1976) brought up unfair application tests for minorities to the courts almost three decades prior. In Gonzalez v. Southern Methodist University (1976) it did not directly attribute her denial to admissions testing, but briefly discussed the process SMU takes when minority students are not automatically admitted based on undergraduate scores and LSAT scores. This process took into account the “cultural bias” the LSAT may have on admissions (Gonzalez

Montana State Board of Regents (1976) is an example of a case of alleged gender discrimination by an employer. The plaintiffs alleged that the defendant had “policies and practices of discrimination against females in a class, specifically with regard to the underutilization of women in certain departments, salaries, promotions, and…on…university committees and in important administrative and policy making positions” (Mecklenberg v. Montana State Board of Regents, 1976). In this case it was found that the underutilization, as alleged, was an indication of discrimination and the plaintiffs won the case (Mecklenberg v. Montana State Board of Regents,