How have courts considered subtle discrimination in the context of discrimination in education and employment law?

2 The courts must be attuned to the subtle discriminations attempted by those intent on frustrating national policy; otherwise the rights guaranteed by the Constitution to all Americans will be hollow indeed. In examining possible discriminatory action the courts should remember:

One intent on violating laws prohibiting discrimination cannot be expected to declare or announce his purpose. Far more likely is it that he will pursue his discriminatory practices in ways that are devious, by methods subtle and elusive for we deal with an area in which "subtleties of conduct * * * play no small part." Holland v. Edwards, 307 N.Y. 38, 45, 119 N.E.2d 581, 584, 44 A.L.R.2d 1130 (1954) (Fuld, J.).

One intent on violating laws prohibiting discrimination cannot be expected to declare or announce his purpose. Far more likely is it that he will pursue his discriminatory practices in ways that are devious, by methods subtle and elusive for we deal with an area in which "subtleties of conduct * * * play no small part." Holland v. Edwards, 307 N.Y. 38, 45, 119 N.E.2d 581, 584, 44 A.L.R.2d 1130 (1954) (Fuld, J.).