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Marsha411JD, Lawyer
Category: Education Law
Satisfied Customers: 21124
Experience:  I am a licensed attorney with over 29 years experience in the practice of law including Educ. Law
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I want to know if this is considered discrimination. At my

Customer Question

I want to know if this is considered discrimination. At my daughters school their freshman team doesn’t get to participate in tryouts they are automatically placed on a freshman team. There are select players who are freshman’s that the coaches chooses to participate in tryouts for junior varsity or varsity. Not giving all the girls an equal opportunity my daughter feels discriminated against. I feel like it’s unfair for certain people to be able to participate and not all. Schools typically have a tryout for all stundents participating in a sport to decide if they will even make the team but not at this school. Coaches already have an idea and the other girls are left hanging. I’m not complaining I just fair treatment not only for my daughter but all freshman girls going forward.
Submitted: 11 months ago.
Category: Education Law
Expert:  Marsha411JD replied 11 months ago.


Thank you for the information and your question. Although what you described may be considered unfair treatment, it would not be unlawful discrimination unless the girls that are being left out of the better team or tryouts are in that situation because of their race, national origin, religion, or disability. In other words, there is all sorts of treatment that might not seem fair that isn't illegal.

In this case, if you can find some written school or district policy that the coaches are violating, then that is what you might be able to use to advocate to school officials that things should change. Otherwise, it is within their discretion to run the school program the way they choose. The parents can certainly band together and suggest a change and give reasons why, but ultimately, if they aren't violating a written policy and not targeting girls for the illegal discrimination I identified, they are within their rights.

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Expert:  Marsha411JD replied 11 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 28th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me, even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at:

Thank you.