HHS Demands that Duke University Address Systemic Allegations of Race Discrimination

HHS Outlines Expectations for Duke to Promptly Address Serious Allegations of Race Discrimination Pervading Duke Health’s Operations

Today, the U.S. Department of Health and Human Services (HHS) demanded that Duke University (Duke) cooperate with the Federal government to investigate and address serious allegations of systemic racial discrimination permeating the operations of Duke University School of Medicine and other components of Duke Health.

HHS requested Duke’s cooperation through a joint letter from Health and Human Services Secretary Robert F. Kennedy, Jr. and Education Secretary Linda McMahon that underscores the agencies’ shared concerns about the serious allegations. HHS’ Office for Civil Rights (OCR) also issued a notice of investigation into these racial discrimination allegations.

Secretary Kennedy and Secretary McMahon’s joint letter to Duke and HHS OCR’s notice of investigation both reiterate that race discrimination by recipients of HHS funding is unlawful under Title VI of the Civil Rights Act of 1964 and Section 1557 of the Affordable Care Act. The joint letter outlines expectations for a partnership-style pathway for Duke to work with HHS and the Department of Education to swiftly uncover prohibited race-based discrimination in Duke Health and come into compliance with certain Federal civil rights laws.

"HHS is making it clear: Federal funding must support excellence—not race—in medical education, research, and training," said HHS Secretary Kennedy. "Today, Secretary McMahon and I are calling on Duke to address serious allegations of racial discrimination by forming a Merit and Civil Rights Committee to work with the Federal government to uphold civil rights and merit-based standards at Duke Health."

“I am proud to partner with Secretary Kennedy to ensure that Duke commits to excellence, integrity, and lawfulness in their training of our nation’s future leaders. If Duke illegally gives preferential treatment to law journal or medical school applicants based on those students’ immutable characteristics, that is an affront not only to civil rights law, but to the meritocratic character of academic excellence,” said U.S. Secretary of Education Linda McMahon. “Blatantly discriminatory practices that are illegal under the Constitution, antidiscrimination law, and Supreme Court precedent have become all too common in our educational institutions. The Trump Administration will not allow them to continue.”

The joint letter asks Duke to commit to forming the Merit and Civil Rights Committee with delegated authority from Duke’s Board of Trustees for a six-month period. Duke has ten business days to respond to the request.

The commitment requested of Duke is separate from any ongoing investigations that HHS has initiated of Duke or Duke Health, or any future investigations that HHS will initiate. Duke Health has 20 business days to respond to HHS OCR’s request for information and documents as part of its investigation of Duke Health under Title VI and Section 1557. The Duke University Health System, the Duke University School of Medicine, and other Duke health professions schools are part of Duke Health, including health research programs across Duke University.

HHS enforces Title VI of the Civil Rights Act of 1964, which prohibits recipients of Federal financial assistance from discriminating on the basis of race, color, or national origin in the recipient’s programs or activities. HHS also enforces Section 1557 of the Affordable Care Act, which prohibits discrimination on the basis of race, color, and national origin, among other bases, in certain health programs and activities.

During the Trump Administration’s second term, HHS OCR has initiated seven other investigations of organizations, such as medical schools and hospitals, under Federal civil rights laws to promote merit-based opportunity and has announced a Dear Colleague letter to medical schools. The Dear Colleague letter addresses Federal prohibitions on explicit and pretextual race-based discrimination and identifies the types of investigations that HHS OCR will prioritize.

National policy under Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity, directs Federal agencies to enforce long-standing civil rights laws and “to combat illegal private sector [diversity, equity and inclusion] DEI preferences, mandates, policies, programs, and activities.”

If you believe that you or someone else has been discriminated against because of race, color, national origin, disability, age, sex, or religion in programs or activities that HHS directly operates or for which HHS provides Federal financial assistance, you may file a complaint with the HHS Office for Civil Rights at: https://www.hhs.gov/civil-rights/filing-a-complaint/index.html.

Follow HHS OCR on X (formerly Twitter) at @HHSOCR.