The Disparate Impact of the Coronavirus Pandemic on People of Color and the Efficacy of Race-Based Health Policies

The coronavirus pandemic was, for all intents and purposes, a national emergency that highlighted the lack of quality healthcare for people of color and the overall lack of trust that communities of color, in general, have for medical professionals. In particular, Blacks, Latino/x, and Native Americans experienced higher hospitalization and death rates than White people. Part of the reason is because Black and Latino/x communities were overrepresented in essential service jobs during the pandemic, and these jobs did not allow for the ability to work from home. Other reasons stem from a lack of trust due to a history of discrimination in the medical field, lack of health insurance, and the quality of healthcare facilities in areas with diverse populations. Given the disproportionate impact of COVID-19 on people of color, states like Utah, Minnesota, and New York, implemented race-based health policies to decrease the hospitalization and mortality rate among people of color, effectively creating affirmative action programs for healthcare treatment. Yet, these policies would likely not survive the Supreme Court’s strict scrutiny test. Additionally, given the historical relationship between the medical field and communities of color, using race may not be an effective path to achieve better health outcomes for people of color. This Note will present solutions to improve healthcare outcomes for people of color, incorporating the lessons learned from the COVID-19 pandemic.