HHS Office for Civil Rights Issues Dear Colleague Letter

This latest action by OCR highlights the Biden-Harris Administration’s commitment to counter Antisemitism, Islamophobia and related forms of discrimination

Today the Department of Human Services (HHS), Office for Civil Rights (OCR) issued a Dear Colleague Letter reminding HHS-funded health and human service providers of their obligation under federal civil rights laws to prevent and address discrimination based on Antisemitism, Islamophobia, and other forms of discrimination based on religion, shared ancestry, or ethnicity. The Letter points to previously issued guidance and provides examples of prohibited actions.

“Antisemitism, Islamophobia, and all forms of discrimination are unacceptable. OCR will not allow providers that receive financial assistance from the Federal Government to engage this appalling behavior,” said OCR Director Melanie Fontes Rainer. “People of all ethnicities and religions should feel comfortable accessing health care and human services. Such discrimination not only causes damage in the moment, but may discourage people from getting the care they need. OCR will hold providers accountable if they allow or participate in discrimination based on religion or national origin, including shared ancestry or ethnicity.”

This letter is part of a larger effort of the Biden Harris Administration to counter Antisemitism and Islamophobia including:

• In September 2023, HHS joined seven other federal agencies in clarifying, for the first time in writing, that Title VI of the Civil Rights Act of 1964 prohibits discrimination based on shared ancestry or ethnic characteristics, including certain forms of Antisemitic, Islamophobic, and related forms of discrimination and bias, in federally funded programs and activities. HHS continues to take other steps to raise awareness of civil rights laws, such as by translating its information about Title VI into Arabic, Hebrew, Punjabi, Spanish, Urdu, and Yiddish.
• HHS continues to offer trainings on HHS’s antidiscrimination laws to medical schools nationwide to train future health care providers. In 2023, HHS offered twelve trainings with 925 students participating.
• The Administration for Community Living continues to support Holocaust survivors by helping to ensure they receive person-centered trauma care. Since 2015, ACL and the Center on Holocaust Survivor Care have served over 43,700 Holocaust survivors and trained more than 7,300 of their family caregivers. These efforts help provide Holocaust survivors with the care they need to thrive.
• HHS has held listening sessions with Jewish and Muslim chaplains on religious discrimination in healthcare settings. This expanded engagement with chaplains and leaders from multiple faiths promotes increased cultural and religious competence in healthcare settings, including through multifaith partnerships.
• The Substance Abuse and Mental Health Services Administration continues to share with stakeholders a toolkit - PDF of resources for those working with and supporting individuals and communities emotionally impacted by the recent escalation of conflict between Israel and Hamas.

The following fact sheets contain additional information on what the Biden-Harris Administration is doing to counter antisemitism, Islamophobia and all religious discrimination:

• White House Fact Sheet on Countering Antisemitism in College Campuses and Protecting Jewish Communities,
• Fact Sheet: Biden-Harris Administration Takes Landmark Step to Counter Antisemitism | The White House,
• FACT SHEET: Biden-Harris Administration Takes Action to Counter Islamophobia | The White House,
• and FACT SHEET: Biden-⁠Harris Administration Takes New Actions to Counter Islamophobia and Anti-Arab Hate | The White House.

To view the Dear Colleague Letter, please visit: https://www.hhs.gov/sites/default/files/ocr-dcl-religious-discrimination-final.pdf

If you believe that you have been discriminated against in programs or activities that HHS directly operates or to which HHS provides federal financial assistance, you may file a complaint for yourself or someone else at: https://www.hhs.gov/civil-rights/filing-a-complaint/index.html.

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