Cummings v. Premier Rehab Keller, P.L.L.C.
Issues
Are damages for emotional distress available under the Rehabilitation Act and the Affordable Care Act?
This case asks the Supreme Court to consider whether compensatory damages are available for emotional distress in victims of discrimination cases. Jane Cummings (“Cummings”) is deaf and legally blind, and she requested an ASL interpreter for physical therapy sessions. Premier Rehab Keller, P.L.L.C. (“Premier”) denied Cummings’ request for an ASL interpreter. Petitioner Cummings argues that under Title VI of the Civil Rights Act of 1964 and the statutes that incorporate its remedies for victims of discrimination, such as the Rehabilitation Act and the Affordable Care Act, compensatory damages are available for emotional distress. Respondent Premier counters that emotional distress damages are not appropriate remedies under the Rehabilitation Act and Affordable Care Act. The outcome of this case has important implications for victims of discrimination as well as for federal funding recipients.
Questions as Framed for the Court by the Parties
Whether the compensatory damages available under Title VI of the Civil Rights Act of 1964 and the statutes that incorporate its remedies for victims of discrimination, such as the Rehabilitation Act and the Affordable Care Act, include compensation for emotional distress.
In October 2016, Petitioner Jane Cummings contacted Respondent Premier Rehab Keller, P.L.L.C. (“Premier”) seeking physical therapy services. Cummings v. Premier Rehab Keller, P.L.L.C. at 674. Cummings was born deaf and legally blind, and she primarily communicates through American Sign Language (“ASL”) due to her difficulties speaking, reading, and writing in English.
Additional Resources
- AARP Foundation, Civil Rights Abuses: Assessing the Cost of Emotional Distress, AARP (September 20, 2021).
- Lisa Soronen, SCOTUS to Rule on Emotional Distress Damages Case, NCSL (July 7, 2021).
- Mary Anne Pazanowski, Emotional Distress Damages for Disability Bias on Tap at SCOTUS, Bloomberg Law (July 8, 2021).