With the Supreme Court’s 2023 ruling against Harvard and the University of North Carolina (UNC), the topic of discrimination during the admission process has been a much-debated topic. The 6-3 decision found the undergraduate admission processes at both schools violated the 14th Amendment of the U.S. Constitution, as well as the Civil Rights Act of 1964. In a nutshell, the court found race-based admissions unconstitutional, ending affirmative action in admission programs.
This article doesn’t focus solely on this Supreme Court ruling. Instead, it looks at several forms of discrimination you may encounter with an admission program. As a law firm assisting many client with issues in the area of education law, we want to help you become knowledgeable about all forms of discrimination and encourage you to call us (1-800-580-9167) if you’ve experienced discrimination.
Understanding Discrimination in College Admissions
Discrimination in college admissions refers to the unfair treatment of applicants based on factors not related to their academic abilities. This can include race, socio-economic status, gender, disabilities and more.
Despite efforts to promote equality, discrimination remains an issue. Studies and data reveal that applicants from marginalized and minority groups often face systemic obstacles that affect their chances of admission. In fact, President Biden, in his address regarding the 2023 Supreme Court decision, noted this very concern. Biden acknowledged the difficulty of creating a diverse population on college campuses if race was no longer a consideration.
Racial Discrimination
Many colleges and universities in the past have implemented policies to exclude students of certain races. Although blatant racial discrimination is illegal today, more subtle forms still exist.
For example, affirmative action policies intended to promote diversity are often litigated. The most high-profile, current example was the Supreme Court case mentioned above against Harvard and UNC, which were accused of discriminating against Asian-American applicants by setting different standards for them.
Socio-Economic Discrimination
Students from affluent backgrounds often have access to better resources, such as high-quality secondary schools, private tutoring and extracurricular opportunities, which may improve their college applications. Standardized tests like the SAT and ACT are often criticized for favoring wealthier students who can afford test preparation and who have a wider range of life experiences. Furthermore, legacy admissions and donor influence contribute to socio-economic discrimination. Colleges may give preferential treatment to those whose parents are alumni or major donors.
These practices can undermine fair admissions. However, increased financial aid, test-optional policies and holistic student reviews are helping to level the playing field.
Gender Discrimination
Although overall admission rates may not show significant differences, certain fields of study like STEM (Science, Technology, Engineering and Mathematics) often have gender imbalances. Women may face greater barriers to admission in these traditionally male-dominated fields, while men might experience similar challenges in fields like nursing and education.
There are efforts to address gender discrimination with scholarships, outreach programs and mentorships, and progress is happening. But promoting gender equality requires not only fair admission practices but also supportive environments so students enter their fields of interest regardless of gender.
Other Forms of Discrimination
Discrimination in college admissions goes beyond race, socio-economic status and gender. Students with disabilities, LGBTQ+ students and those from other marginalized groups often face challenges. For example, students with disabilities may lack accessible information about the admission process. LGBTQ+ students might feel unwelcome in campus environments and not apply due to feeling unwanted. Efforts to address these issues have made the admissions process easier for many, but there is work still to do.
The Education Litigation Group Fights Discrimination
Colleges and universities must actively work to understand the complexities of discrimination within their admissions – from the subtle forms to the flagrant examples. Students and parents, too, must learn about discrimination so they can advocate for themselves.
Law firms like ours help wage the legal battles necessary to force policy changes for a fairer admissions process. If you’ve been discriminated against, reach out to us. We’ve helped hundreds of students get a fair chance.
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