Case Particulars

Tribunal

HHS OCR

Date Filed

September 23, 2026

Docket No.

N/A

Case Status

Complaint Filed

Case Overview

On September 23, 2026, the Equal Protection Project (EPP) filed a civil rights complaint with the U.S. Department of Health & Human Services Office for Civil Rights (HHS OCR) against the University of Maryland, College Park (“UMD”), challenging practices associated with UMD’s federally funded Lavender Lab.

As the complaint explains, HHS investigation is warranted because the Lavender Lab uses race, color, and/or national origin in connection with certain programs and opportunities related to its federally funded research.

EPP’s civil rights complaint continues:

UMD’s Lavender Lab expressly describes its work as “informed by intersectionality theory” and grounded in “social justice and health equity.” Federal funding of programs based on intersectionality raises civil rights concerns as the ideology is focused on group racial and ethnic identities and outcomes contrary to the civil rights laws and Constitution that demand equal protection for individuals regardless of group identity. The Lavender Lab’s practices demonstrate how intersectionality might cross over into unlawful discrimination.

 

Consistent with an intersectionality framework, the Lavender Lab’s research examines the combined effects of sexual-minority status, race, ethnicity, and what it describes as “structural oppression.” This complaint does not challenge the Lab’s decision to study those subjects or to conduct research focused on particular populations, as that is a policy not a legal matter. The legal concern arises from how the Lab operates and whether it has extended its intersectionality and DEI commitments beyond research subject matter and into programs, participation opportunities, and recruitment practices that use race and ethnicity in a discriminatory manner.

 

The complaint details the Lavender Lab’s federal funding and identifies two principal areas of concern: its LGBTQ+ Teens of Color Advisory Board and its Research Assistant Program. EPP then explains why those practices warrant scrutiny under Title VI of the Civil Rights Act of 1964 and Section 1557 of the Affordable Care Act::

HHS should investigate whether the Lavender Lab LGBTQ+ Teens of Color Advisory Board and its Research Assistant Program identified above violate Title VI by discriminating on the basis of race, skin color, or national origin, and/or violates Section 1557 of the ACA because it may exclude individuals on the basis of race, color, and/or national origin from research related opportunities within a federally funded health program or activity.

EPP also asks HHS OCR to examine whether the challenged practices are connected to the Lab’s federal funding and whether UMD has complied with applicable federal grant requirements and antidiscrimination obligations:

HHS has the authority and obligation to investigate UMD’s creation, funding, promotion, and administration of these programs and practices and to obtain appropriate remedial relief. HHS should also determine whether the challenged practices are being funded, supported, or facilitated by the NIH award; whether they conflict with Executive Orders 14173 and 14332 or applicable award terms; and whether UMD made any relevant certifications or representations concerning its compliance with federal antidiscrimination laws. This includes, where authorized, initiating proceedings to suspend or terminate federal financial assistance, referring any potentially false certification for further review, and referring the matter to the Department of Justice for judicial enforcement. After all, “[t]he way to stop discrimination on the basis of race is to stop discriminating on the basis of race.” Parents Involved in Cmty. Sch. v. Seattle Sch. Dist. No. 1, 551 U.S. 701, 748 (2007).

 

Accordingly, we respectfully request that HHS promptly open a formal investigation; determine whether UMD has violated Title VI, Section 1557 of the ACA, the Equal Protection Clause, the applicable terms of its federal award, or federal grantmaking requirements; and impose all appropriate remedial relief necessary to ensure that federal funds do not support or facilitate discrimination based on race, color, or national origin.

HHS OCR is evaluating EPP’s civil rights complaint for further action.