In the wake of the SCOTUS decision, we established a Protecting and Advancing DEI Pro Bono Initiative that provides confidential guidance to non-profits with questions about how the rulings impact their racial equity initiatives.
Race-conscious policies can pave the way to a future where everyone has a fair and just opportunity to thrive.
On a muted blue background, smiling people of various races, genders, ages, and a person with a disability gather around the U.S. Capitol which is being lifted by balloons. This image is set in front of a yellow circle and on top of an uneven red line held up by two arms in professional clothing.
We envision a United States where health is no longer a privilege for some, but a right for all, regardless of race.
However, the U.S. Supreme Court’s (SCOTUS) decision on affirmative action in June 2023 prevents universities and colleges from proactively addressing racial inequities, depriving people of an equal opportunity to reach their best health and wellbeing. The ruling has created ripple effects beyond education, leading to rollbacks of initiatives meant to address racial discrimination across all sectors. Important initiatives designed to improve health and economic inequities—like the Abundant Birth Project, Fearless Fund and Medicare’s incentive program for anti-racism plans—are now in legal limbo. Despite these barriers, the Robert Wood Johnson Foundation is determined to create more equitable systems for all. To achieve this, we’re focused on dismantling structural racism and countering policies that have historically denied health and opportunity to people based on race, class and gender. A key part of this effort is supporting race-conscious policymaking that addresses the history of racial and other forms of discrimination.
We must defend and advance these policies now more than ever. Through litigation, strategic communications, policymaker support and organizing across sectors, we’re working alongside others to reach health equity faster. One collaboration is with the Lawyers’ Committee for Civil Rights Under Law. Dr. Giridhar Mallya, senior policy officer at the Foundation, spoke to Dariely Rodriguez, deputy chief counsel at the Lawyers’ Committee, about the need to use race-conscious policymaking to address past and ongoing discrimination.
Race-conscious policies are critical for pushing health equity forward. What does it mean when we say “race-conscious policy” specifically?
Race-conscious policies are designed to advance equity and support racial or ethnic communities that continue to face systemic exclusion and discrimination. At the Lawyers’ Committee, we know that race is an inextricable part of our identity, shaping how we experience daily life. Race-conscious policies encompass an umbrella of initiatives to address systemic barriers, ensure equal opportunity, and provide remedies that match needs.
Why is it significant to consider race when making policy decisions?
We’re living through a critical moment in our history. As our country becomes increasingly diverse, it is a moral imperative to continue incorporating race consciousness in policy decisions to expand opportunity for all. The health of our nation’s economy and democracy depends on it.
Race-conscious policies and programs take many forms and impact every sector of the economy—from housing, to businesses and to health. Protecting and improving such initiatives is necessary, especially now, to ensure a functioning democracy where everyone has the opportunity to reach their full potential.
How have race-conscious policies impacted you personally?
Growing up as the first and only family of color in my working class, white Boston neighborhood, I saw what racial exclusion looks like from a very young age. I tested into a prestigious school for seventh grade that changed the course of my life. I was fortunate to get in, but my schooling demonstrated the historical and ongoing racial exclusion in my city and this country. I saw very few Black and Latino students, despite being in a highly diverse community. Throughout my education and professional career, race-conscious programs helped lead me to where I am today.
Why are concepts like racial equity under attack and who is driving the attacks? Even before the SCOTUS ruling, there was a well-coordinated conservative movement to attack race-conscious programs and undo hard-won civil rights gains. After George Floyd’s murder, many became outspoken about racial equity in unprecedented ways, creating a surge in resources to remove barriers to opportunities based on race and ethnicity. Not surprisingly, we’re seeing backlash to this progress again, supercharged by the rulings.
What message do health funders need to hear about advancing race-conscious initiatives?
As implications of the affirmative action case emerge, the Lawyer’s Committee’s response spans fields, including health. We know our defense must be coordinated and interdisciplinary.
The most effective way to address racial equity rollbacks is to invest in the communities that have endured the most harm by systemic racism and discrimination, including organizations that serve them. Foundations must consider the long-term health consequences of pulling back from investing in race-conscious programs, including less access to culturally competent and respectful healthcare and fewer efforts to foster healthier neighborhoods.
What actions can each of us take to protect race-conscious programs?
We must be vocal at all levels of government to support racial equity efforts—including writing letters to city council, state and federal legislative representatives, and other decisionmaking stakeholders.
While companies seem to be backing down from diversity and racial equity commitments, important company stakeholders—employees, advocates, and shareholders—can urge CEOs and business executives to remain steadfast. Employees can advocate for workplace programs that support the recruitment and retention of workers of color, including advocating for employee resource groups and other workplace systems and positions designed to support the development of diverse talent. And of course, company leaders who remain committed to advancing racial equity should pen op-eds and use other avenues to leverage their voices.
What advice do you have for racial equity advocates on how to continue making progress?
Threat upticks will continue, which is why racial equity advocates need to stay on course and be intentional about pushing back. The good news is that not all the attacks are successful. Some lawsuits are being tossed out and others are settling out of court in ways that allow DEI programs to continue.
The Lawyer’s Committee takes great pride in supporting non-profits advancing racial equity in their local communities. In the wake of the SCOTUS decision, we established a Protecting and Advancing DEI Pro Bono Initiative that provides confidential guidance to non-profits with questions about how the rulings impact their racial equity initiatives.
The best advice we can give is to not overcorrect in the face of the changing legal landscape, instead focusing on how to continue programs in legally defensible ways. For advocates working tirelessly, it’s our responsibility to educate institutions about the current legal state and ways organizations can continue to lawfully advance racial equity.
Your work is so inspiring and necessary. Thank you for speaking with me.
At RWJF, we’re honored to support organizations like the Lawyers’ Committee, working on litigation, communications, policymaker support, and organizing including Democracy Forward, The Opportunity Agenda, Government Alliance on Race and Equity, State of Equity at the Public Health Institute, Race Forward, PolicyLink, Leadership Conference on Civil and Human Rights, Association of Black Foundation Executives, and Public Private Strategies Institute.
Learn about two critical policy levers RWJF is supporting to build a future where everyone has a just opportunity to achieve their fullest health.
About the Author
Giridhar Mallya is a public health physician, health policy expert, and senior policy officer at RWJF. He acts as a strategist, advisor, and grantmaker at the nexus of health, race, and policy, and helps to lead work to identify new institution-wide policy priorities, build durable policy infrastructure at the state and federal levels, and advance racial equity through governing.