HHS Office for Civil Rights Issues Guidance on Discrimination Rooted in Antisemitism in Healthcare Settings

WASHINGTON, D.C. — The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) has issued a “Dear Colleague” letter to all healthcare providers and other entities that receive HHS funding, clarifying how federal civil rights laws protect against discrimination rooted in antisemitism.

The letter explains that antisemitic conduct may violate federal law when the facts establish discrimination based on protected grounds in HHS-funded healthcare settings, medical education and clinical training, research, and other covered programs and activities. The letter also advances Executive Order 14188, which declares it “the policy of the United States to combat anti-Semitism vigorously.”

“Antisemitic discrimination has no place in our nation’s healthcare system,” said Paula M. Stannard, Director of the HHS Office for Civil Rights. “Jewish and Israeli patients, students, and healthcare professionals are entitled to equal access and individualized treatment without discrimination on a protected basis. This letter reminds healthcare entities of this fact and the consequences if they fail to comply with federal civil rights laws.”

Those protections are grounded principally in Title VI of the Civil Rights Act of 1964 (Title VI) and Section 1557 of the Affordable Care Act (Section 1557). Title VI provides that “[n]o person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” Section 1557 separately prohibits discrimination in covered health programs and activities on grounds prohibited by Title VI and other enumerated civil rights statutes. Antisemitic conduct may violate Title VI or Section 1557 when the facts establish discrimination on a protected ground, including actual or perceived Jewish ancestry or ethnic characteristics, Israeli national origin, or another protected ground.

In particular, discrimination may take the form of harassment or retaliation. Harassment may violate Title VI or Section 1557 when it denies or limits equal access to a covered program or benefit based on a protected status. The letter addresses circumstances in which a recipient’s own harassing conduct, or legally inadequate response to known harassment by peers or others, may result in non-compliance. Retaliation against any individual for reporting discrimination or participating in an OCR investigation is independently prohibited.

The letter outlines several key areas where Title VI and Section 1557 protections apply:

• Patient and Resident Care: Covered entities may not deny, delay, segregate, or otherwise provide different care or services to individuals because of their actual or perceived Jewish ancestry or ethnic characteristics, Israeli national origin, or another protected ground.
• Medical Education and Clinical Training: HHS funding recipients operating health professions schools and training programs may not discriminate based on race, color, or national origin in the administration of their operations, including admissions, residency programs, clerkships, and research opportunities.
• Physicians, Nurses, Faculty, Staff, and Trainees: Although HHS’ Title VI jurisdiction over employment practices is limited, civil rights protections may apply to these individuals as participants in HHS-funded health, education, training, research, or workforce programs.

In addition to Title VI and Section 1557, OCR also enforces multiple federal religious nondiscrimination provisions in HHS grant and block grant programs that prohibit discrimination against individuals on the basis of religion that may protect against antisemitic actions.

HHS has taken significant enforcement actions to address discrimination rooted in antisemitism in HHS-funded programs, which are referenced in the letter and detailed in OCR’s newsroom.

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 to which HHS provides federal financial assistance, you may file a complaint with the HHS Office for Civil Rights.