Indirect Discrimination and the Hospital Relocation Cases

Abstract

This article develops a theory of indirect discrimination by analyzing a series of lawsuits that challenged hospital relocations in the 1970s. In these cases, civil rights groups argued that the relocation of hospitals from cities to suburbs was a form of racial discrimination. Although these lawsuits failed, I aim to support the plaintiffs' arguments that the hospital relocations were discriminatory. Drawing on three recent theories – those of Benjamin Eidelson, Deborah Hellman, and Sophia Moreau – I develop an account of indirect discrimination that is rooted in resource‐specific equality rights such as those found in international human rights law. Building on this account, I argue that the human right to health equity can explain why the hospital relocations were discriminatory.