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In Tyler v. Vickery the Fifth Circuit Court of Appeals held that the Georgia bar examination does not discriminate against blacks in violation of the equal protection clause of the fourteenth amendment and that traditional constitutional tests, rather than EEOC guidelines promulgated under title VII of the Civil Rights Act of 1964, are the appropriate standards by which the constitutionality of the examination must be judged. The court further held that the failure to provide for a review of a failing grade does not violate the due process clause of the fourteenth amendment because those who fail the bar exam have an unqualified right to retake it at the next regular administration.