U.S. Supreme Court Issues Major Decision Regarding Available Damages Under Title IX and Other Federal Antidiscrimination Statutes

On April 28, 2022,  the Supreme Court of the United States held in Cummings v. Premier Rehab Keller, P.L.L.C. that emotional distress damages are unavailable for claims under Title VI, Title IX, the Rehabilitation Act, and the Affordable Care Act because those statutes are Spending Clause legislation. The only damages available to a plaintiff under those statutes are those that are traditionally available for breach of contract claims. Emotional distress damages are not traditionally available for a breach of contract, so such damages are also not available under claims based on Spending Clause legislation.