Wisconsin law firm clashes with health care provider over diversity efforts

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The Wisconsin Institute for Law and Liberty (WILL) issued a press release Thursday stating that “The Cleveland Clinic has quietly removed all traces of the ‘Minority Men’s Health Center’ from its website, following a federal civil rights complaint filed by the Wisconsin Institute for Law & Liberty (WILL) on behalf of its client, Do No Harm (DNH). We believe this move signals that Cleveland Clinic is taking seriously our challenge against its racially discriminatory patient programming.”

“We are glad to see that Cleveland Clinic is taking steps to remove racial discrimination from its patient programing. While racial identity politics are often problematic wherever they occur, in healthcare, the problem can engender serious stakes, including life and death matters. When it comes to health care, providers should be simply extending care efforts to all patients who need it, regardless of their race and in accordance with law—not relying on racial stereotypes as a proxy for legitimate health risks,” said WILL Associate Counsel Cara Tolliver.

Dr. Jared Ross, senior fellow at Do No Harm, agreed with Tolliver.

“This takedown is an initial win, but Do No Harm would like to receive confirmation that patients of all races and ethnicities are now welcomed for treatment at the two Cleveland Clinic programs we highlighted in our complaint,” said Ross. “Do No Harm will continue working to eliminate racial bias and political ideology from all aspects of medicine,” Ross added.

However, Cleveland Clinic officials told the Wisconsin Law Journal that’s not the case.

“We removed the Minority Men’s Health Center from our website since it has not been in place for several years. Our Minority Stroke Program is still active and is open to all patients,” said Cleveland Clinic’s Director of Public & Media Relations Andrea Pacetti.

In follow up, Tolliver told the Wisconsin Law Journal on Thursday that “Cleveland Clinic can make their case however they may like. But the fact of the matter remains that the Clinic’s racially motivated programming for men’s health was removed from their website only after we challenged it.”

According to Tolliver, on or about Aug. 14, 2024, WILL and DNH filed a federal civil rights complaint with the Office for Civil Rights in the Department of Health and Human Services (HHS-OCR), challenging what they claim are two discriminatory patient programs at the Ohio-based Cleveland Clinic. The first, a “Minority Stroke Program” and the second, “Minority Men’s Health Center.”

Also according to Tolliver, both programs aim to address stroke, diabetes, men’s health conditions, mental health issues and other medical condition, while featuring a range of benefits from disease prevention and treatment to specialized providers, transportation assistance, prescription assistance, support groups and education events.

While Cleveland Clinic maintains the programs remain in good standing and are legal, Tolliver disagrees.

“These special programs discriminate against patients based on race and are racially motivated to provide services to some in a different manner from those provided to others; Cleveland Clinic’s programs violate the anti-discrimination provisions of Title VI and the Affordable Care Act,” Tolliver said.