Cummings v. Premier Rehab Keller, P.L.L.C., which the Supreme Court will hear on Tuesday, is about the types of remedies that plaintiffs may recover when they prove violations of certain federal anti-discrimination laws — in particular, whether such plaintiffs may recover damages for emotional distress. The facts of Cummings involve emotional distress damages for discrimination based on disability under the Rehabilitation Act of 1973 and the Affordable Care Act. From a practical perspective, the court’s resolution of Cummings might well affect the availability of emotional distress damages under additional federal anti-discrimination laws — including Title IX of the Education Amendments of 1972, which prohibits sex discrimination in federally funded education programs. Further, Cummings raises more general questions about statutory interpretation and the scope of judicial remedies.

Rachel Bayefsky, Court to consider emotional distress damages under anti-discrimination laws, SCOTUSblog (November 29, 2021).
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