 In Gant v. Wallingford Board of Education ( 1999 ) , the parents of a black student alleged that he had been harassed due to his race and had been discriminated against when he was transferred from a first grade class to a kindergarten class without parental consent , while similarly situated white students were treated differently . Sotomayor agreed with the dismissal of the harassment claims due to lack of evidence , but would have allowed the discrimination claim to go forward . She wrote in dissent that the grade transfer was " contrary to the school 's established policies " as well as its treatment of white students , which " supports the inference that race discrimination played a role " . 
