May 032022
 
 May 3, 2022  Posted by  Court, Healthcare, Laws, U.S.

Not only does the Supreme Court appear ready to overturn Roe v. Wade and a woman’s right to abortion, but SCOTUS also recently held that if you suffered emotional distress as harm from violations of the Rehabilitation Act or Affordable Care Act, you’re shit out of luck on damages.  David Gartenberg explains:

On April 28, 2022, the U.S. Supreme Court narrowed the scope of damages available under the Rehabilitation Act of 1973 (Rehab Act) and the Affordable Care Act (ACA). In a 6-3 decision, the Court held that emotional distress damages are not recoverable in a private action to enforce either the Rehab Act or the ACA.

The case, Cummings v. Premier Rehab Keller, P.L.L.C., involved a claim by an individual who is deaf and blind. The plaintiff had brought suit under the Rehab Act and ACA alleging that the defendant, a physical therapy provider, refused to provide an American Sign Language (ASL) interpreter at her physical therapy sessions.1 The plaintiff alleged that failing to provide an interpreter constituted discrimination on the basis of her disability under the Rehab Act and ACA.

Read more at Littler.

 

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