What You Should Know:
– The U.S. Department of Health and Human Services (HHS) announced it has demanded Duke University’s cooperation in a federal investigation into serious allegations of systemic racial discrimination within Duke University School of Medicine and other components of Duke Health.
– The demand comes through a joint letter from HHS Secretary Robert F. Kennedy, Jr. and Education Secretary Linda McMahon, underscoring their agencies’ shared concerns.
– HHS’s Office for Civil Rights (OCR) has also issued a separate notice of investigation into these racial discrimination allegations. Both the joint letter and the notice 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.
Upholding Civil Rights and Merit-Based Standards
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 and achieve compliance with 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.”
Demands for Cooperation and Broader Context
The joint letter requests 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 this request. This requested commitment is separate from any ongoing or future investigations HHS may initiate.
Response Timeline
Duke Health has 20 business days to respond to HHS OCR’s request for information and documents as part of its investigation under Title VI and Section 1557. Duke Health includes the Duke University Health System, Duke University School of Medicine, and other Duke health professions schools, along with health research programs across Duke University.
HHS enforces Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin by recipients of Federal financial assistance. It also enforces Section 1557 of the Affordable Care Act, which prohibits similar discrimination in certain health programs and activities.
U.S. Secretary of Education Linda McMahon added, “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. 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.”
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. It has also announced a Dear Colleague letter to medical schools, addressing federal prohibitions on explicit and pretextual race-based discrimination and identifying prioritized investigation types. This policy aligns with national directives under Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” which directs federal agencies to enforce civil rights laws and combat illegal private sector “diversity, equity and inclusion (DEI) preferences.”
