Redressing wounds: finding a legal framework to remedy racial disparities in medical care.
In recent years, numerous medical studies and reports have documented startling disparities between the health status of African Americans and White Americans. The literature is replete with evidence that one of the main causes of these racial disparities is the different treatment of patients of different racial groups. This Comment addresses the possibility that implicit cognitive bias, in the form of implicit attitudes and stereotypes, significantly contributes to these racial disparities in medical treatment. Finding existing legal frameworks inadequate to address current disparities in health care, this Comment recommends avenues for the reworking of Title VI of the Civil Rights Act of 1964. Specifically, it suggests that disparate-treatment provisions that encompass claims arising from unintentional discrimination should be incorporated into Title VI, and it offers the employment law frameworks of Title VII and the Age Discrimination in Employment Act as models for such reform.
Shin
Michael S
MS
D001741:Black or African American; D001291:Attitude of Health Personnel; D003430:Cross-Sectional Studies; D003657:Decision Making; D006297:Health Services Accessibility / Q000331:legislation & jurisprudence*; D006801:Humans; D010820:Physicians / Q000523:psychology*; D011287:Prejudice; D012959:Socioeconomic Factors; D014481:United States; D044465:White People