SUMMARY In this landmark case Allan Bakke, a white applicant to the University of California, Davis Medical School, sued claiming his denial of admission on racial grounds was a violation of the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. The standing rule at the time was that race may be a factor in determining admission to educational institutions; however it cannot be the sole determining factor. FACTS OF THE CASE The University of California, Davis Medical School had been reserving 16 spots in each class out of 100 for disadvantaged minorities.
Racial division had fueled medical policies for years. African Americans were practically treated like test monkeys, receiving potentially fatal injections and having samples taken from their bodies without their consent. These practices resulted in the Lacks family not receiving their deserved compensation, ultimately revolutionizing the medical industry’s outlook on how minority patients should be cared
Though in Grutter v. Bollinger we deal with the 14th amendment of the Equal Protection Clause and racial classifications too, the way race is used is slightly differs. In this particular case, the court had to decide whether the use of race at the Univeristy of Michigan Law School during the admissions process violated the Equal Protection Clause of the 14th amendment. Barbara Grutter, a Caucasian applicant, applied to the University of Michigan in 1996 with a 3.8 GPA and a score of 161 on her LSAT. Grutter was placed on the waitlist, but was subsequently denied admission to the school. Grutter claims that she was only denied because of her race, as the University uses race as a factor in the admission process.
n the Supreme Court case University of California v. Bakke in 1978, Allan Bakke, a white applicant, was denied admission to the University of California, Davis Medical School because he was white, although he had great MCAT, GPA, and test scores he was denied twice, because the school was using “racial quotas” during admission and had “reserved 16 out of 100 seats in its entering class for minorities, including "Blacks," "Chicanos," "Asians," and "American Indians"’’("Regents of the University of California v. Bakke. " West's Encyclopedia). Bakke sued the University of California for using “racial quotas” as well as claiming that the schools admission processes was a violation of “Title VI of the Civil Rights Act of 1964 and the Fourteenth
Policy Implementation: HRSA (Health Resources and Services Administration) Mission and Vision: The mission statement of the HRSA is as follows: “To improve health and achieve health equity through access to quality services, a skilled health workforce and innovative programs.” Its subsequent vision is: “Healthy Communities, Healthy People.”
For HCA, to avoid future disparities offering lower prices to existing patients and new patients, who could not afford the services, is a good initiative to not lose patients and therefore not lose profit. Another way to help with the disparities is to set up clinic services to patients who are not able to afford medical assistance at the same time this clinic can provide education to patients on how to better their health and lifestyles. If an organization treats and helps guide a patient he/she will continue to come back to get treated or educated. With this, it will help the organization target disparities, help the community while still making a profit because it retained their
The Journal of Primary Care and Community Health states, “Physicians delay diagnostic testing, prescribe more generic medications, and avoid referral to specialty care for their patients of low SES versus other patients.” With these staggering results this proves the separation and racism within the medical field. People of color and those who are not as well off, are forced to handle these poor conditions for treatment, while those who are white and with more money are more inclined to get better care and medication. This is the issue with today’s health care because it does not treat every person equally, there is a huge amount of favoritism within the
Racial discrimination is a topic that has dominated the United States since independence, more than two centuries ago. It is important to remember that the country went into the Civil War mainly because of racism as the Southerners did not want to end slavery. One hundred years later, the country experienced the largest Civil Movement that led to the creation of civil rights laws of the 1960s. Thus, historically, the entire American system has treated African American like subordinates to other races, especially the whites. Even after the creation of the civil rights laws in the 1960s and the election of a black president in 2008, the country is still facing the same problem of racism as it was before and after the civil war, during slavery
In the article, “The Truth about ‘holistic College Admissions”, Sara Harberson expresses how universities that are not allowed to use racial preferences on college admissions, are still devising strategies to work around the laws to produce the same result. Harberson states how the institutions are using what is called “holistic admissions”, which allows a college to factor in a student's background, race and income. By filtering out the minority groups, they are creating a less-diverse community, preventing students of certain backgrounds from a proper education, and taking away opportunities from students based on their ethnicity. Colleges are using racial segregation in the admission process so that they can have a white-favoring campus
There are two routes to addressing racial discrimination under the law, the 14th Amendment of the Constitution and Title VII of the Civil Rights Act. These routes both intend to eliminate the threat of racial discrimination, but do so through different means and criteria. The 14th Amendment provides equal protection under the law in order to “prevent official conduct discriminating on the basis of race” (Han, pg. 63), but does not explicitly define discrimination. Claims brought under the 14th amendment apply specifically to public institutions and must include evidence of both malicious intent and the discriminatory effects that resulted partially ‘because of’ this intent (Han, pg. 64). Title VII acts as a supplement to the 14th Amendment by using statutory law to prohibit overt discrimination or business practices with discriminatory effects (Tara, Study Group, 2/13/17).
“This was the era of Jim Crow-when black people showed up at white-only hospitals, the staff was likely to send them away, even if it meant they might die in the parking lot” (Skloot, 2010, p.15). Henrietta was a colored woman and only Johns Hopkins Hospital would accept her admission and give her treatment. Many colored patients struggle through the same racial disparity and went to Hopkins because they do not have any other choice. Although segregation was legal and enforce during that time period, however, it is inhumane to accept or deny anyone from getting medical treatment base on their color of their skin. It is an unethical act for healthcare professionals to perpetuate the segregation ideology, which has limited the quality and the amount of care that Henrietta should have
• What has changed since 2010, which objectives are new? According to Healthypeople.gov, There has been a few revisions under their objectives sections. They have seemed to revise adolescent health, blood disorder and blood safety, genomics, global health, preparedness, older adults and as well as a few others. • How does this national initiative stimulate disease prevention and health promotion agendas?
Race preferences in college admissions are mandated by the government. Certain race quotes must be met, or federal funding is reduced. The trend of government mandated quotas does not end there. We now are starting to see forced diversity quota hires/admissions with LGBT persons. In Canada compelled speech is forcibly enforced, so that one must call people by their preferred pronouns, even if they are biologically incorrect.
Health care systems must create statements of policy which will help to eliminate racial injustice and develop culturally competent services. Clarification of racial equality is the basic key that legislation must apply to health policies and practices. Realistic and practical strategies are need to properly respond to the requirements of black minority ethnic communities. We will need to include more efficient programs to educate young adults and children what racial equality is, and how important it is in the health care field. There must be specific guidelines that hospitals must push for in every professional individual.
Racial discrimination has been an outlook in the nursing profession through
