On September 3, 2026, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) issued a Dear Colleague letter clarifying how federal civil rights laws apply to discrimination rooted in antisemitism in HHS-funded healthcare, medical education, clinical training, research, and other covered programs. The letter also identifies training for responsible personnel as one of the measures recipients may use to help identify and address discrimination, protected-status harassment, and retaliation. HHS.gov

KEY POINTS

Antisemitism can be a federal civil rights issue. Antisemitic conduct may violate Title VI of the Civil Rights Act or Section 1557 of the Affordable Care Act when the facts establish discrimination based on a protected ground, including actual or perceived Jewish ancestry or ethnic characteristics, Israeli national origin, or another protected ground. HHS.gov

Federal funding brings legal obligations. Hospitals, nursing facilities, medical schools, residency and fellowship programs, research institutions, human services providers, and other recipients of HHS financial assistance must administer covered programs without prohibited discrimination. HHS.gov

Those obligations can extend institution-wide. When statutory requirements are met, Title VI can apply to “all of the operations” of covered entities, not merely the particular office or department through which HHS funds are received. HHS.gov

Discriminatory patient care can violate federal law. Covered entities may not deny, delay, downgrade, segregate, or otherwise differentiate care because of actual or perceived Jewish ancestry or ethnic characteristics, Israeli national origin, or another protected ground. HHS specifically identifies areas including access to care, treatment, staffing, security, discharge planning, and grievance processing. HHS.gov

Healthcare personnel need to recognize contemporary antisemitism. Discrimination based on Jewish ancestry or ethnic characteristics can trigger Title VI protections. HHS also explains that federal agencies may consider the IHRA working definition and contemporary examples as evidence of discriminatory intent, while preserving rights protected by federal law and the First Amendment. HHS.gov

Failure to address antisemitic harassment can create compliance risk. OCR may consider whether an institution delayed its response without justification, failed to follow its own policies, treated comparable misconduct inconsistently, failed to restore equal access, or continued ineffective remedial measures. HHS.gov

Medical education and clinical training are specifically addressed. Protections may extend to admissions, financial aid, grading, clerkships, patient care, research, conference participation, and official ceremonies. HHS also notes previous Title VI compliance reviews and enforcement actions involving allegations of antisemitism. HHS.gov

Retaliation is independently prohibited. Depending on the circumstances and OCR’s jurisdiction, examples may include adverse evaluations, removal from rotations or clinical teams, denial of covered research or training opportunities, professionalism charges, or threats against individuals who report discrimination or participate in an investigation. HHS.gov

Religious nondiscrimination extends to patient visitation. Medicare and Medicaid visitation requirements prohibit covered facilities from restricting visitation privileges based on religion. HHS discusses examples involving rabbis, visibly Jewish visitors, religious accommodations, and Israeli family members where applicable protections are implicated. HHS.gov

HHS expressly identifies training as a compliance measure. OCR says recipients should ensure their “personnel, policies, and procedures” can identify and address intentional discrimination, protected-status harassment, and retaliation. Examples of appropriate measures include training for responsible personnel, clear nondiscrimination policies, accessible reporting channels, documentation, follow-up, and measures designed to prevent recurrence. HHS.gov

The message for healthcare leadership

The HHS guidance makes antisemitism directly relevant to healthcare civil-rights compliance. Meaningful antisemitism training can be an important component of a healthcare institution’s broader compliance infrastructure—not simply an optional educational initiative. HHS.gov