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Redressing Wounds: Finding a Legal Framework to Remedy Racial Disparities in Medical Care |
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Michael S. Shin |
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| In recent years, numerous medical studies and reports have documented
startling disparities between the health status of African Americans
and White Americans. The literature is replete with evidence that
one of the main causes of these racial disparities is the differential
treatment of patients of different racial groups. This Comment
addresses the possibility that implicit cognitive bias, in the
form of implicit attitudes and stereotypes, significantly contributes
to these racial disparities in medical treat-ment. Finding existing
legal frameworks inadequate to address current disparities in
health care, this Comment recommends avenues for the re-working
of Title VI of the Civil Rights Act of 1964. Specifically, it
suggests that disparate-treatment provisions that encompass claims
arising from unintentional discrimination should be incorporated
into Title VI, and it offers the employment law frameworks of
Title VII and the Age Discrimination in Employment Act as models
for such reform. |
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Copyright © 2002 by California
Law Review, Inc. |
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