In Cummings v. Premier Rehab Keller, 142 S. Ct. 1562 (June 21, 2022). the U.S. Supreme Court, last term, held that emotional distress damages are not available under the Rehabilitation Act of 1973 (Section 504) and the Affordable Care Act.

In Cummings, Premier Rehabilitation refused to provide an American Sign Language interpreter for a deaf and blind client, claiming its physical therapists could communicate with her in another way. The district court had determined that the plaintiff could establish only emotional distress damages, so it and the U.S. Court of Appeals for the Fifth Circuit had denied her claim on the basis that emotional distress damages are not available under Section 504.

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