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1 1 (June 29, 2022)

handle is hein.crs/govehxt0001 and id is 1 raw text is: Congressional ______ R fesearch Service Civil Rights Remedies in Cummings and Implications for Title VI and Title IX June 29, 2022 Section 504 of the Rehabilitation Act and Section 1557 of the Affordable Care Act (ACA) prohibit various types of discrimination in federally funded programs and other covered entities. The Supreme Court recently held in Cummings v. Premier Rehab Keller that a plaintiff bringing suit to enforce Section 504 and Section 1557 cannot recover emotional distress damages. Emotional distress damages are a form of relief aimed at compensating individuals for emotional harm or injury caused by the unlawful conduct at issue. As neither Section 504 nor Section 1557 contains statutory text specifying whether emotional distress damages are available in a private suit, the Court interpreted the statutes in light of common law contract doctrine to conclude that neither statute permits such a remedy. Under Cummings, it appears that compensatory relief in a private suit will now be limited to recovery for economic harm caused by unlawful discrimination under those statutes. This Sidebar discusses the Court's analysis in Cummings, including its reliance on common law contract principles to interpret statutes like Section 504, which the Court reads as legislation enacted based on Congress's Spending Clause power. The Spending Clause basis and operation of several civil rights statutes are more fully explored in other CRS reports. This Sidebar reviews the likely impact of the Court's decision on the availability of emotional distress damages under other statutes, such as Title VI of the Civil Rights Act of 1964 (Title VI) and Title IX of the Education Amendments of 1972 (Title IX), and potential considerations for Congress. Legal Background: Private Suits and Remedies The Supreme Court's reasoning in Cummings builds on judicial precedent and legislative action linking together the remedial schemes of Title VI, Title IX, Section 504, and the Age Discrimination Act. Section 504 prohibits federally funded programs from discriminating against individuals based on disability. Section 1557 prohibits covered entities from discriminating on the grounds prohibited under Section 504, Title VI (race, color, or national origin), Title LX (sex in federally funded education programs), and the Age Discrimination Act (age). Section 1557 also states that the enforcement mechanisms provided for and available under Title VI, Title IX, Section 504, and the Age Discrimination Act apply to Section 1557 violations. In light of such legislative action and earlier judicial decisions, courts have generally Congressional Research Service https://crsreports.congress.gov LSB10775 CRS Legal Sidebar Prepared for Members and Committees of Congress

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