Lawsuit ends with ‘Black Doctors Directory’ opening to all physicians

In March, a national organization dedicated to eliminating identity politics in healthcare filed a lawsuit against three local organizations over a “Black Doctors Directory.” Earlier this month, the parties reached an agreement to change the name of the directory to the “Community Health and Wellness Directory” and to open it up to physicians regardless of race.

Do No Harm, the group that filed the suit, was established in 2022 and currently has over 30,000 members including doctors, nurses, physicians, and concerned citizens across all 50 states and 14 countries. It has received over 1,000 tips and has filed over 170 civil rights complaints since its inception.

The lawsuit filed in March alleged that the University of Pennsylvania Health System (UPenn), the Consortium of DEI Health Educators (CDHE), and WURD Radio — the three organizations that operated the Black Doctors Directory — excluded non-black doctors from the directory “regardless of how regularly they treat[ed] black patients or how much they have worked to improve black patients’ health.”

Do No Harm said in a press release when the suit was filed that the reasoning for the black-doctors-only directory was based on faulty assumptions and that it should be open to doctors of all races who treat black patients and work to improve their health.

“The Directory is founded on the false premise that racial concordance, in which patients are treated by physicians of the same race, improves health outcomes,” the press release reported. “This ideology sows distrust between doctors and patients. Do No Harm has debunked this false belief in its report, Racial Concordance in Medicine: The Return of Segregation.”

Do No Harm announced the end of the litigation as a result of the agreement to include doctors of all races in the directory.

“We are grateful that the directory is open to physicians of all races,” said Stanley Goldfarb, MD, Chairman of Do No Harm. “Do No Harm has long opposed ‘racial concordance,’ a thoroughly debunked theory that only breeds suspicion and prejudice. When medical providers prioritize expertise and high-quality care, patients will see better health outcomes.”

UPenn Associate Vice President for Communications Holly Auer responded to a request for comment.

“We are pleased that this matter has been closed, and that this valuable online resource will continue to be available to help patients gather important information about potential health care providers and make decisions about where to receive care,” said Auer. “Penn Medicine is deeply committed to providing comfortable, convenient options for patients and communities that we serve, and to offering care that addresses each patient’s unique needs while tackling longstanding health disparities that impact individuals of color. These efforts are a foundational part of our mission to ensure that every patient has access to care that helps them be as healthy as possible across their lifespan.”

WURD Radio provided an official statement that it was “glad to report” the end of the litigation so it could “now continue the essential work of connecting our audience with trusted, culturally competent medical information.”

The lengthy statement concluded, “the past several months have been deeply challenging. Media organizations are under attack, as are Black institutions. WURD Radio, the only Black-owned talk radio station in Pennsylvania and one of the few remaining in the nation, has been navigating this ‘new abnormal.’ As we continue to do so, WURD remains committed to advancing health equity by making quality health-related information accessible to as many as possible.”

CDHE declined to comment.

Do No Harm argued in its complaint that the “Black Doctors Directory” was illegal as it violated the Civil Rights Act by discriminating against doctors based on the color of their skin. The organization did not question the need for a directory that assists black people in locating experienced physicians who understand their needs.

The lawsuit cites at least one Do No Harm member, a white doctor, “who serves many black patients,” and “is ready and able to apply for his name to be added to the Directory, once a court orders Defendants to stop discriminating.”

This is not the first such victory for Do No Harm and its members. The organization filed a lawsuit last year against the University of Washington School of Medicine for operating a

BIPOC (black, indigenous, and people of color) physician directory for medical students to use for career advice. As a result of the suit, the university similarly renamed the program and opened it up to students of all races.

Do No Harm also created the Stop the Harm database that tracks hospitals and healthcare systems across the country that continue to perform sex change surgeries and prescribe hormones and puberty blockers for minors. The Hospital of the University of Pennsylvania is the largest provider of such services for children in the state, according to Do No Harm. 

Beth Ann Rosica resides in West Chester, has a Ph.D. in Education, and has dedicated her career to advocating on behalf of at-risk children and families. She covers education issues for Broad + Liberty. Contact her at barosica@broadandliberty.com.