NASHVILLE, Tenn. — A nonprofit organization focused on challenging diversity initiatives in the medical field has initiated a federal lawsuit against the diversity mandates of key medical boards in Tennessee.
The Virginia-based organization, Do No Harm, filed the case earlier this month, representing their second legal endeavor in the state within the last year. In 2023, they had previously brought forth a similar federal lawsuit contesting Tennessee’s stipulation that required at least one member of the Tennessee Board of Podiatric Medical Examiners to be a racial minority. Although that lawsuit was dismissed by a judge in August, the organization is currently appealing the decision to the 6th Circuit Court of Appeals.
Now, Do No Harm is focusing their efforts on the Tennessee Board of Medical Examiners, which mandates that the governor appoint at least one Black member, as well as the Board of Chiropractic Examiners, which requires the presence of one member from a racial minority.
In both cases, the organization and its legal representatives from the Pacific Legal Foundation claim to have clients who were overlooked for board positions due to their non-minority status. The lawsuit asserts, “While citizens may serve on a wide array of boards and commissions, a person’s candidacy often hinges on factors beyond their control, such as age or race. Tragically, for over thirty-five years, governors in Tennessee have been obligated to factor in an individual’s race when selecting members for the state’s boards, commissions, and committees.”
A spokesperson for the medical and chiropractic boards has not yet responded to requests for comments, and Governor Bill Lee, named as a defendant in the lawsuit due to his role in state board appointments, also did not provide immediate feedback.
More than three decades ago, Tennessee’s legislature enacted a law aimed at ensuring that the governor “strives to ensure” at least one member on state advisory boards is aged 60 or older and at least one belongs to a “racial minority.” Notably, Do No Harm’s lawsuit does not challenge the law’s age requirement.
According to the lawsuit, there are currently two vacant positions on the Board of Medical Examiners. However, because all current members are white, Governor Lee is obligated to consider race when making appointment decisions for potential board members.
Do No Harm was established by Dr. Stanley Goldfarb, a kidney specialist and a professor emeritus who served as an associate dean at the University of Pennsylvania’s medical school. After retiring in 2021, Goldfarb founded Do No Harm in 2022, drawing on a phrase from the Hippocratic oath that every new physician upholds when receiving their medical degree.
In the same year that Do No Harm was incorporated, the organization filed a lawsuit against Pfizer regarding race-based eligibility criteria for a fellowship program aimed at college students of Black, Latino, and Native American backgrounds. While that suit was ultimately dismissed, Pfizer chose to discontinue the program.
Additionally, Do No Harm has proposed model legislation to limit gender-affirming care for minors, a move that has been adopted by several states thus far.