Dept of Health and Human Services Sues Harvard

On March 20, 2026, the Department of Health and Human Services (HHS), represented by the US Department of Justice, sued Harvard University for violating Title VI of the Civil Rights Act of 1965.

Previously, the federal government acted administratively to freeze Harvard’s research grants, and both Harvard and the labor unions representing its faculty and staff sued to lift the freeze. In that lawsuit, Harvard claimed that the federal government took shortcuts and violated the Administrative Procedures Act when freezing grants without due process. A federal district court in Massachusetts agreed with Harvard and ordered the Trump Administration to lift the research grant freeze.  That case is awaiting an appeal in the First Circuit, which is believed to be favorably inclined to Harvard.

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In the new lawsuit, federal lawyers carefully summarized examples of antisemitism, intimidating pro-Palestinian debates, and examples of students who withdrew from their Harvard classes out of fear following the October 7, 2023, Hamas attack on Israel.  The facts were drawn from Congressional testimony, stories in the Harvard Crimson, and an internal faculty report on antisemitism at Harvard.

The 44-page complaint, if true, provides a detailed look at how much Jewish and Israeli students, faculty, and staff were harassed during the Gaza War.  The complaint notes that 33 Harvard student groups signed a joint letter before Israel responded to the Hamas attack and hostage taking. It claims that then-Harvard College Dean Rakesh Khurana (who is a Cornellian) gave the pro-Palestinian protesters candy.

Because the complaint includes allegations of students harassing other students, it uses the more conservative standard from the Davis v. Monroe County Board of Education case. HHS alleges “Severe, Pervasive, and Objectively Offensive Harassment” that deprives Jewish and Israeli students of their equal educational opportunities.  The Obama and Biden administrations had argued that the standard should be “severe, pervasive, or objectively offensive” (which is much easier to prove).

The complaint was also filed in the federal district court for Massachusetts. The case was assigned to U.S. District Judge Richard G. Stearns, a Clinton appointee and Harvard Law School alumnus. The lawsuit claims that Harvard failed to enforce its own rules so as to protect Jewish and Israeli students. Harvard had violated Title VI, and because Harvard’s HHS research contracts require it to comply with Title VI at all times, Harvard had also breached its contracts with the federal government.

For relief, HHS is seeking an injunction against further actions against Jewish and Israeli students and a refund of past payments under Harvard’s federal research grants for the periods that Harvard was out of compliance with Title VI. HHS is also seeking an external monitor to watch whether Harvard will end the antisemetic behavior going forward.

HHS claims that it only needs to show that Harvard was indifferent to the plight of Jewish and Israeli students and does not need to show that Harvard intentionally created the hostile environment.

Several administration officials commented when announcing the new lawsuit. “Since October 7th, 2023, too many of our educational institutions have allowed anti-Semitism to flourish on campus – Harvard included,” said Attorney General Pamela Bondi. “Today’s litigation underscores the Trump Administration’s commitment to demanding better from our nation’s schools and putting an end to discriminatory behavior that harms students.”

“Every student deserves to learn without fear of harassment or exclusion,” said Health and Human Services Secretary Robert F. Kennedy, Jr. “When institutions take taxpayer dollars, they accept a duty to protect civil rights. We hold Harvard accountable on the principle that antisemitism has no place in any program funded by the American people.”

“This Department of Justice will not tolerate the harassment, assault, or intimidation of Jewish and Israeli students, and neither should Harvard,” said Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division. “This Justice Department has no tolerance for such brazen violations of federal law.”

Although earlier antisemitism efforts included the US Department of Education, the federal complaint and press releases do not mention that department.

Although Cornell reached a settlement with the Trump Administration in November 2025 regarding certain pending antisemitism investigations, as the political situation evolves, it is possible that future actions on the Cornell campus could trigger a similar lawsuit here.