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OVERVIEW

Civil and human rights law offers baseline protections against discrimination based on “protected classes” such as race, ethnicity, and national origin, among others. Civil rights legal protections are reflected in the United States Constitution, federal and state statutes, local ordinances, and agency rules and regulations. In general, these laws require that covered entities–including federal grant recipients, public agencies, and many private companies–refrain from activities, policies, or programs that intentionally discriminate against protected classes and/or result in a disparate impact against protected classes. Civil rights protections exist in a variety of domains that impact fundamental rights, including healthcare, housing, employment, contracting, public accommodations, and education, among many others. 

Every recipient of federal assistance, including all CDC grant recipients, is required to comply with federal civil rights law, including Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq), the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794), and Section 1557 of the Patient Protection and Affordable Care Act (42 USC 18116). Federal grant recipients should be fully aware of these obligations and ensure that programs, policies, and activities are designed in ways that vindicate the rights of communities of color and other legally protected communities. 

Generally, unlawful racial discrimination includes: 

• Exclusion from services, programs, or benefits due to actual or perceived racial identity
• Denial of services or benefits due to actual or perceived racial identity
• Offering different quality of services of benefits due to actual or perceived racial identity
• Segregating or separately treating individuals on the basis of actual or perceived racial identity
• Using selection or enrollment criteria, methods, or technologies that subject individuals to discrimination
• Selecting a location for a site or facility that excludes individuals or denies them benefits or services 

HOW DO CIVIL RIGHTS PROTECTIONS RELATE TO RACIAL JUSTICE? 

1. Civil rights as catalyst for racial justice policy outcomes. Civil rights legal obligations represent the floor, not the ceiling, of advancing racial justice and health equity. Achieving a broader vision for racial justice requires more than meeting preexisting legal obligations, but it cannot be accomplished without ensuring these rights are respected. Given that these protections are legally required, they can often serve as a great starting point to launch ambitious racial justice advocacy strategies. For example, health justice advocates could use public data to identify racial disparities within a local public health agency’s existing programs. Those advocates could then frame the disparities as a potential issue of non-compliance issue with Title VI of the 1964 Civil Rights Act, among other civil rights protections. They could then use Title VI compliance as a mechanism to advocate with the agency for creative policy solutions that 1) advance racial justice and 2) bring the agency into legal compliance. Using similar strategies can be an effective approach to catalyze racial justice outcomes. 
   
    
2. Moving from analysis to accountability. In recent years, advocates have increasingly turned to data-driven strategies to address racial disparities and build campaigns to close equity gaps. Identifying statistical disparities in outcomes is frequently a necessary step to build successful racial justice strategies. However, as previously mentioned, the presence of persistent racial disparities may be indicative of non-compliance with civil rights’ legal obligations. In many instances, individuals and organizations impacted by these disparities may be able to assert their rights through enforcement actions that require the agency to develop remedies that effectively address racial disparities. Enforcement actions typically take one of two forms. First, advocates can pursue legal claims through formal litigation in state and/or federal courts. Second, advocates can pursue complaints through the agency that has jurisdiction to hear the complaint and issue legally binding remedies. Advocates should note that in many instances, there are “statutes of limitation” which require that complaints be submitted within a certain timeframe from when the unlawful conduct took place. 

FACTS & TIPS

State & local civil rights protections. States and localities often have civil and human rights protections that are more expansive than federal law. For example, state and local civil and human rights laws may cover additional protected classes, including caregiver status, criminal legal histories, credit histories, and source of income. States and localities may also offer additional remedies to victims of unlawful discrimination. State and local law often extends liability to a broader range of entities that may not be covered under federal law. Examining differences in local, state, and federal civil rights protections can be an opportunity to explore if state or local protections may be a source of legal authority to advance racial justice outcomes. 

RESOURCES 

• U.S. Department of Health and Human Services: Civil Rights Requirements
• U.S. Department of Justice DOJ Title VI: Title VI of the CIvil Rights Act of 1964 
• Advancing Racial Equity: Legal Guidance for Advocates
• The Atlantic: America’s Health Segregation Problem
• Medical Apartheid by Harriet Washington
• HHS Announces Proposed Rule to Strengthen Nondiscrimination in Health Care