Filed Date: March 18, 2025
Case Ongoing
Clearinghouse coding complete
This lawsuit involves a challenge to a black medical directory created by the University of Pennsylvania.
On March 18, 2025, Do No Harm, a nationwide medical and policy advocacy group, sued the University of Pennsylvania, the University Health System, University’s Perelman School of Medicine, the Trustees of the University, the Consortium of DEI Health Educators, and WURD Radio, LLC.
Plaintiff alleged the following facts: Defendants, who have publicly held that racial health disparities in Philadelphia comes in some part from systemic racism, created the Black Doctors Directory, an information system which collects and shares information about doctors in southeast Pennsylvania, New Jersey, and Delaware. The Directory, which ingests and shares information about specific doctors’ specialty, address, contact information, and affiliated hospital, excludes non-black doctors, even those who regularly treat black patients. Plaintiff noted that the Directory is intended to connect black doctors with black patients, under the theory of racial concordance: the idea that patients do better when they are of the same ethnic background as their medical providers.
Plaintiff alleged that at least one member of Do Not Harm is a dermatologist who was excluded from the Directory because he is white, but wished to advertise on the platform to reach a wider client base.
Plaintiff further argued that the Directory is illegal under multiple provisions of federal and state law, constituting illegal discrimination on the grounds of race. In particular, plaintiff alleged the following concrete claims: (1) The Directory violates Title VI of the Civil Rights Act of 1964, which prohibits racial discrimination from any program or entity which receives federal assistance, which the Directory (as a product and operation of Penn Medicine, which further often works with WURD Radio) does. The Directory constitutes racial discrimination, not justified either by a compelling interest nor by narrow tailoring as defendants failed to consider race-neutral alternatives. (2) The Directory violates § 1557 of the Affordable Care Act, which prohibits any organization which receives federal funding from denying individuals benefits or otherwise discriminating against them. The Directory constitutes a health program under § 1557, and by the express language of the Act, causes certain individuals (non-black doctors) to be excluded from participation. (3) Defendants committed civil conspiracy under Pennsylvania common law, by acting with the common purpose of excluding non-black doctors from the Directory – acts which resulted in legal harm. To redress its claims, Do No Harm sought declaratory relief, injunctive relief, and nominal damages.
As of April 19, 2025, no significant judicial developments have yet occurred, beyond the filing of the complaint. However, the case is active and pending future updates.
Summary Authors
Keren Yi (4/19/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69751676/parties/do-no-harm-v-the-university-of-pennsylvania-health-system/
GOLDSTEIN, JONATHAN SHAE (Pennsylvania)
GROUEV, ZACHARY P. (Pennsylvania)
Duffy, Tricia Marie (Pennsylvania)
HAZEL, GEORGE J. (Pennsylvania)
Katsur, Melanie L. (Pennsylvania)
See docket on RECAP: https://www.courtlistener.com/docket/69751676/do-no-harm-v-the-university-of-pennsylvania-health-system/
Last updated Aug. 13, 2025, 1:09 a.m.
State / Territory: Pennsylvania
Case Type(s):
Public Benefits/Government Services
Key Dates
Filing Date: March 18, 2025
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Plaintiff is a nationwide medical and policy advocacy group, whose members include healthcare professionals, students, patients, and policymakers
Plaintiff Type(s):
Non-profit NON-religious organization
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
University of Pennsylvania (Philadelphia), Private Entity/Person
University of Pennsylvania Health System (Philadelphia), Private Entity/Person
University of Pennsylvania Perelman School of Medicine (Philadelphia), Private Entity/Person
Trustees of the University of Pennsylvania (Philadelphia), Private Entity/Person
Consortium of DEI Health Educators (Philadelphia), Non-profit or advocacy
WURD Radio, LLC (Philadelphia), Private Entity/Person
Defendant Type(s):
Case Details
Causes of Action:
Title IV, Civil Rights Act of 1964, 42 U.S.C. § 2000c et seq.
Affordable Care Act Section 1557, 42 U.S.C. § 18116
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
Discrimination Basis: