On February 14, the Department of Education officially notified educational institutions receiving federal funding that they must cease race-based practices—including admissions, hiring, promotion, scholarships, administrative support, discipline, and sanctions. The potential loss of federal funding is offered as a consequence for noncompliance. This directive comes on the heels of President Donald Trump’s January 21 executive order aimed at “ending illegal discrimination and restoring merit-based opportunity.”
Many have become weary of DEI in medicine, as deviations from merit-based practices can put patients in harm’s way. In recent years, many universities had ramped up DEI (Diversity, Equity, and Inclusion) programs on campus—some admittedly as a response to the death of George Floyd and the resulting racial climate. Initiatives have run the gamut from the formation of so-called racial-affinity groups to race-based admissions and hiring practices. However, many have become weary of DEI in medicine, as deviations from merit-based practices can put patients in harm’s way.
Duke University Health System has come under fire after admitting it prioritized DEI in hiring. According to the Chronicle of Higher Education, changes to DEI initiatives have taken place at no fewer than 270 college campuses in 38 states. These moves range from Northwestern University’s Feinberg School of Medicine scrubbing the DEI pages of multiple departments, as well as mentions of black affinity groups, to the University of Colorado Anschutz Medical Campus opening to all applicants a scholarship for underrepresented students. The University of Texas at Austin even defunded a school-sanctioned graduation ceremony for black students following state-level DEI legislation in 2024.
However, not everyone is complying. According to Consumers’ Research, a conservative nonprofit, Vanderbilt University Medical Center appears to be hiding DEI content via password-protected webpages. Consumers’ Research created WhatIsVandyHiding.com to bring attention to the Nashville-based institution.
Dr. Haywood Brown recently resigned from his faculty position at the University of South Florida after openly admitting to circumventing DEI laws during an event at Virginia Commonwealth University Health. Brown called his own actions “slippery.”
Duke University Health System, which is linked to the highly respected Duke University School of Medicine, has come under fire after admitting it prioritized DEI in hiring, with stated goals to increase the number of minority employees along with the number of minority-owned companies with whom the system does business. Duke also admitted to abandoning various metrics when selecting surgeons. Duke University’s medical school still audaciously boasts an Office of Equity, Diversity, and Inclusion, despite tallying more than $1 billion in federal awards in fiscal year 2023.
Nonprofit organization Do No Harm released a report outlining the pressure accreditation agencies place on medical schools to implement DEI programs if they wish to achieve and maintain accreditation.
“Discrimination on the basis of race, color, or national origin is, has been, and will continue to be illegal.” Students for Fair Admissions v. Harvard made waves in 2023 when the Supreme Court ruled that universities may no longer engage in race-based admissions. The ruling covers admissions only, but the Civil Rights Act of 1964 protects U.S. citizens from forms of discrimination beyond that. Like many universities, Harvard was guilty of lowering standards for black applicants and discriminating against white and Asian applicants.
On February 28, the United States Department of Education sent a clarifying letter to educational institutions, explaining what they are and are not legally allowed to do. The letter was written in a question-and-answer format.
One section asked, “Are Diversity, Equity, and Inclusion (DEI) programs unlawful under SFFA?” The answer given was as follows:
Schools may not discriminate on the basis of race, color, or national origin in their programs or activities. Many schools have advanced discriminatory policies and practices under the banner of “DEI” initiatives. Other schools have sought to veil discriminatory policies with terms like “social-emotional learning” or “culturally responsive” teaching. OCR’s assessment of school policies and programs depends on the facts and circumstances of each case.
Another section clarified the use of the common terms “diversity, equity, and inclusion”:
Whether a policy or program violates Title VI does not depend on the use of specific terminology such as “diversity,” “equity,” or “inclusion.” Schools may not operate policies or programs under any name that treat students differently based on race, engage in racial stereotyping, or create hostile environments for students of particular races.
The letter further stated that cultural, educational, and historical observances like Black History Month and International Holocaust Remembrance Day are not prohibited unless they are used to discriminate against certain individuals. For example, a Black History Month event is acceptable as long as all members of the university community are allowed to participate.
The Department of Education’s “Dear Colleague” letter flatly states, “Discrimination on the basis of race, color, or national origin is, has been, and will continue to be illegal.” It’s time for med schools, and all schools, to get that message.
Mike Markham is a current writer and researcher with the James G. Martin Center for Academic Renewal and a former program coordinator with Color Us United, a nonprofit organization that advocates for a race-blind and merit-based society.
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Mike Markham
