Permeating every facet of life including health care, racial segregation has been a part of the history of the United States since its creation. In fact, the history of African-Americans has been one of tragedy, laced with the hope of equality. This tragedy is a result of three hundred years of slavery, one hundred years of the limited freedom of segregation, three years of the promise of equality granted from the civil rights struggle, and thirty-seven years of resegregation through white flight and institutional racism. Hence, African-Americans have been fighting for the right to freedom, equality, and human dignity for the last four hundred and forty years. Initially most racism was intentional and expressed through de jure segregation, as evidenced by federal funding of the construction of racial segregated health care facilities. Now most racism, expressed through de facto segregation, is subtly incorporated into the daily practices of institutions causing an adverse disparate impact on African-Americans. This institutional *972 racism "establishes separate and independent barriers" through the neutral "denial of opportunities and equal rights to individuals and groups that results from the normal operations of the institutions in a society." Once racism becomes institutionalized, the institution is racist whether or not the individuals maintaining those practices have racist intentions.
Yearby, Ruqaiijah A., "Is it too Late for Title VI Enforcement? - Seeking Redemption of the Unequal United States' Long Term Care System Through International Means" (2005). All Faculty Scholarship. 79.