Emotionally Harmed? It Might Not Matter: An Analysis of Cummings v. Premier Rehab Keller and Its Implications for Title II of the Americans with Disabilities Act of 1990
Introduction On April 28, 2022, the U.S. Supreme Court handed down an opinion that shocked the disability rights community. In Cummings v. Premier Rehab Keller, P.L.L.C., the Court ruled that compensatory damages for emotional distress may not be recovered by claimants who sue for disability discrimination under section 504 of the Rehabilitation Act of 1973 (section 504) and section 1557 of the Patient Protection and Affordable Care Act of 2010.. Cummings involved a woman, Jane Cummings, who is both deaf… Read More