Today, the Legal Defense Fund submitted comments in response to the Department of Health and Human Services Office for Civil Rights’ proposed rule on Nondiscrimination in Health Programs and Activities. In the face of persistent health inequities and renewed attempts to erode civil rights, strong federal anti-discrimination protections and robust enforcement are necessary to improve health outcomes for Black communities and other communities of color, particularly Black pregnant people and Black LGBTQ+ people. In the letter, LDF commends the administration for strengthening the ACA’s anti-discrimination requirements and calls upon OCR to further clarify and enhance those protections. In particular, OCR should explicitly prohibit discrimination based on termination of pregnancy, transgender status, or a combination of protected characteristics, such as race and sex. It should also state that harmed individuals can bring claims for disparate impact as well as disparate treatment. These measures would help address longstanding health inequities and strengthen society as a whole.
Read the full written comments here.
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Founded in 1940, the Legal Defense Fund (LDF) is the nation’s first civil rights law organization. LDF’s Thurgood Marshall Institute is a multi-disciplinary and collaborative hub within LDF that launches targeted campaigns and undertakes innovative research to shape the civil rights narrative. In media attributions, please refer to us as the Legal Defense Fund or LDF. Please note that LDF has been completely separate from the National Association for the Advancement of Colored People (NAACP) since 1957—although LDF was originally founded by the NAACP and shares its commitment to equal rights.
