White Woman Files Discrimination Lawsuit After Being Denied Entry Into Black Infant Health Program

A public health program for Black mothers and infants in California is facing a federal discrimination lawsuit after a white woman was denied entry.

A California health equity program designed to support Black mothers and birthing individuals is now facing a federal discrimination lawsuit after a white woman was denied entry.

On April 2, Erica Jimenez of Pasadena filed a lawsuit against the California Department of Public Health, alleging that it violated the Equal Protection Clause of the 14th Amendment and the Civil Rights Act of 1964, which prohibits discrimination in federally funded programs. Jimenez, whom the Pacific Legal Foundation represents, claims the Black Infant Health (BIH) program denied her access to prenatal and postpartum support services because of her race, citing its race-based enrollment criteria.

“California’s program treats race as a stand-in for need — assuming that only mothers of one race deserve or require the help this program offers,” said Andrew Quinio, an attorney with Pacific Legal Foundation. “Drawing a line around a public benefit program and saying only certain races may enter is precisely the kind of discrimination the Equal Protection Clause prohibits.”

The Black Infant Health program, established in 1989 and now partly federally funded, supports pregnant and postpartum Black mothers and birthing people, according to the California Department of Public Health. Created to address disparities linked to racism and socioeconomic stressors, it offers counseling and care to participants aged 16 and older with no income requirements.

The program explicitly focuses on empowering Black women through pregnancy and beyond, and this fiscal year received nearly $24 million in state funding and about $6 million from the U.S. Department of Health and Human Services.

Jimenez, who is white with a Spanish surname, applied to Pasadena’s BIH program while pregnant in February but was told she didn’t qualify based on race, according to the lawsuit. Despite meeting all other requirements, she was denied access to publicly funded pregnancy and early childhood services, benefits the suit claims were withheld solely because of her race.

“The government should not be in the business of discriminating,” said Jimenez, who gave birth to a boy in March. “I hope my son can grow up in a state that is more respectful of the Constitution. California has been getting away with a lot of stuff.”

The lawsuit asks the court to block California from excluding applicants based on race. It seeks class-action status so Jimenez can represent others who meet the program’s criteria but were denied for the same reason.

“If it is certified as a class action suit, then we will be litigating claims on behalf of a group of similarly situated individuals who are all excluded from the program,” Quinio said. “So the case would have a broader impact and significance to multiple mothers, not just Erica. The relief we seek, which is the elimination of the program’s racial barriers, would also apply to all members of the class.”

The case adds to a growing wave of lawsuits challenging programs aimed at supporting Black communities, with claims of “reverse discrimination,” illegal quotas, and hostile work environments. Following the U.S. Supreme Court’s 2023 ruling on affirmative action, plaintiffs—often white men—have increasingly filed Title VII claims. With heightened opposition to DEI efforts and more than 75 ongoing cases, federal scrutiny has intensified over whether such initiatives violate civil rights laws.