WASHINGTON, D.C. (Press Release) — The Louis D. Brandeis Center for Human Rights Under Law has filed a complaint with the U.S. Department of Health and Human Services Office for Civil Rights (HHS OCR) alleging Boston Medical Center (BMC) discriminated and retaliated against a Jewish Israeli mental health counseling intern, a U.S. permanent resident, after the intern reported materials that violated the hospital’s policies in a shared clinical workspace. The filing comes amid growing scrutiny of antisemitism in healthcare, where Jewish and Israeli trainees and clinicians have increasingly reported exclusion, hostility, and retaliation for raising concerns.
Title VI of the Civil Rights Act of 1964 prohibits exclusion, denial of benefits, or discrimination on the basis of race, color, and national origin in any program or activity that receives federal funding, as well as retaliation against any person who exercises their right to oppose and report discrimination.
As HHS has made clear in its regulations implementing Title VI, “retaliatory acts [are] prohibited . . . against any individual . . . because he has made a complaint.” Section 1557 of the Affordable Care Act (“Section 1557”) prohibits the same forms of discrimination under “any health program or activity, any part of which is receiving Federal financial assistance”—further extending Title VI and other civil rights protections in the healthcare context.
According to the complaint, after going to their supervisors to report the prohibited materials, the intern was ostracized by colleagues and denied mentorship and professional development opportunities. The filing provides additional evidence regarding the hospital’s awareness of anti-Israeli bias, the ongoing professional harm suffered by the student, and the ways in which the alleged retaliation has continued to affect their career prospects.
The complaint describes that the victim was physically separated from the rest of the clinical team, excluded from routine professional interactions and group lunches, denied patient debriefs and mentorship opportunities, and subjected to ongoing ostracization by coworkers who allegedly formed an “alliance” against them.
The retaliation culminated in a negative final evaluation that effectively blamed the intern for the breakdown in workplace relationships caused by their colleagues’ alleged ostracization and exclusion. The evaluation threatens their professional prospects, forcing them to omit BMC supervisors from job references in a field where that clinical experience is a critical credential.
According to the Brandeis Center, BMC effectively penalized a Jewish Israeli intern for objecting to prohibited anti-Israeli and antisemitic displays and conduct, denying them equal access to educational and professional opportunities on the basis of their ancestry, ethnicity, and national origin and retaliating against them for reporting discriminatory conduct.
“The growth of antisemitism in the healthcare sector is a hazard not only for healthcare providers, trainees, and students, but for everyone who depends on the American healthcare system. The problem is not just that Jewish Americans are now facing exclusion, retaliation, and hostility because of their identity, especially if they have come from Israel,” said Kenneth L. Marcus, chairman and CEO of the Brandeis Center and the former U.S. Assistant Secretary of Education who ran the Office for Civil Rights during two administrations.
“The broader problem is that Americans will be denied the best available healthcare if top young professionals are marginalized and excluded from health programs because of their Jewish background, as we saw a century ago. When a student reports offensive conduct and is then isolated, marginalized, and penalized for speaking up, serious civil rights concerns are raised, as are serious concerns about the future of healthcare in this country. We urge HHS OCR to carefully review these allegations and ensure that all students are able to participate equally in federally funded healthcare programs.”
The Brandeis Center has asked HHS OCR to require corrective measures, including a revised evaluation, a reference letter reflecting the intern’s positive clinical performance, adoption of the International Holocaust Remembrance Alliance (IHRA) Working Definition of Antisemitism, enhanced training and oversight for supervisors, human resources personnel, and other employees regarding antisemitism and retaliation, and reforms to ensure that Jewish and Israeli students and interns who report discrimination are protected from retaliation and treated consistently under BMC’s policies.
The filing also calls for improved communication and accountability measures to ensure anti-retaliation protections are clearly conveyed and enforced throughout the institution.
The filing marks the latest in a series of efforts by the Brandeis Center to address antisemitism in healthcare and mental health settings. Earlier this month, HHS OCR opened an investigation into the American Psychological Association following a Brandeis Center complaint alleging antisemitic discrimination within the nation’s largest professional organization for psychologists. In May, Brandeis Center staff litigation attorney Deena Margolies testified before the House Subcommittee on Health, Employment, Labor and Pensions on how antisemitism in healthcare impacts doctors, medical staff and ultimately patients.
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Preceding provided by the Brandeis Center.