HHS Reminds Medical Schools: Racial Discrimination is Against the Law

Last week, the Department of Health and Human Services (HHS) sent a Dear Colleague Letter to medical schools across the country, warning them that race-conscious admissions and other forms of racial discrimination are illegal under federal law.

The letter explains that medical schools across the country have discriminated against “white, Jewish, and Asian students” through the implementation of policies aimed at promoting DEI or ameliorating “systemic racism.” These policies violate the Supreme Court’s 2023 holding in Students for Fair Admissions v. Harvard, in which the Court ruled that race-conscious admissions are unconstitutional.

The letter cites an article published by The Washington Free Beacon detailing how the David Geffen School of Medicine at UCLA admitted unqualified applicants based on race.

HHS’s concern is well-warranted; just days after HHS sent out the letter, Do No Harm filed a class action lawsuit against UCLA’s David Geffen School of Medicine for discriminating against white and Asian students in its admissions process. 

The lawsuit is on behalf of a white Do No Harm member unfairly rejected by UCLA despite stellar academic performance; the complaint even cited the same Free Beacon article.

Furthermore, the HHS letter explains how medical schools often use mechanisms to circumvent the prohibition on race-conscious admissions by requesting application materials that enable admissions officials to discern the race of the applicant.

This practice, often employed in so-called “holistic” review strategies, enables the medical school to cite these “extracurricular” factors while practicing an indirect form of racial discrimination.

That, too, is illegal, as explicitly stated so by Supreme Court Chief Justice John Roberts in the 2023 decision holding that race-conscious admissions are unconstitutional: “[U]niversities may not simply establish through application essays or other means the regime we hold unlawful today.”

“[M]edical institutions may not use application materials—such as personal statements, writing samples, or extracurricular activities—as a means to infer a student’s race and then apply differential treatment based on that inference,” the letter states. “Additionally, certain DEI programs may confer advantages or impose burdens based on generalizations associated with racial identity, rather than evaluating individuals on their own merits.”

The HHS letter goes on to warn medical schools that their policies must align with existing civil rights law, that the use of race or racial proxies in admissions is illegal, and that they lose out on federal funding if racial discrimination persists.

“All medical schools are advised to: (1) ensure that all policies, procedures, and practices are fully consistent with applicable federal civil rights laws; (2) discontinue the use of any criteria, tools, or processes that serve as substitutes for race or are intended to advance race-based decision-making; and (3) cease reliance on third-party contractors, clearinghouses, or data aggregators that engage in prohibited uses of race,” the letter stated. 

“Medical schools found to be out of compliance with federal civil rights law may, consistent with applicable law, be subject to investigation and measures to secure compliance which may, if unsuccessful, affect continued eligibility for federal funding,” the letter continued.

This is an encouraging sign, and Do No Harm applauds HHS for taking action. Based on racial admissions data, it’s clear that many medical schools are still practicing race-conscious admissions, despite the Supreme Court’s ruling.

Ending racial discrimination in the admissions process will require stringent enforcement and aggressive oversight. This is a huge step in the right direction.