What is the test for determining whether a party engaged in a discriminatory act of discrimination against a third party?

MultiRegion, United States of America

The following excerpt is from East Hartford Ed. Ass'n v. Board of Ed. of Town of East Hartford, 562 F.2d 838 (2nd Cir. 1977):

Moreover, if we are to have workable rules of constitutional law, the result cannot turn upon the subjective intent of the one engaging in conduct such as this. Karr v. Schmidt, 460 F.2d 609, 614 (5th Cir. 1972) (en banc ).

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