Skip to main content U.S. flag
          An official website of the United States government
            Here’s how you know
          Here's how you know **The .gov means it’s official.**
                
                Federal government websites often end in .gov or .mil. Before sharing sensitive information, make sure
                you’re on a federal government site.
 **The site is secure.**
                
                The **https://** ensures that you are connecting to the official website and that any
                information you provide is encrypted and transmitted securely.


NCD Logo
    
    NCD.gov
          National Council on Disability
        An independent federal agency committed to disability policy leadership since 1978
 Menu


close About the Council
              Misson
                
                Council Members
                
                Council Staff
                
                Email Directory
                
                Council Meetings
                
                Feedback
          
        
          
            
            
            Newsroom
            
        
          
            
            Policy Advice
              Letters
                
                Reports
                
                Testimony
                
                Toolkits
                
                Progress Reports
                
                Frameworks
                
                Fact Sheets
                
                Resources
                
                FAQ
          
        
          
            
            Policy Areas
              Civil Rights
                
                CRPD
                
                Cultural Diversity
                
                Education
                
                Emergency Management
                
                Employment
                
                Financial Assistance and Incentives
                
                Health Care
                
                Housing
                
                International
                
                Long Term Services and Support
                
                Technology
                
                Transportation
                
                Youth Perspectives Font Size:
 A
      Font Size Normal
 A
      Font Size Large
 twitter logoTwitter
 instagram logoInstagram
 linkedin logoLinkedIn
 facebook logoFacebook
 youtube logoYoutube
 Contact Us
          
          Accountability Search small
      Search


NCD assesses, advises on impact of Supreme Court Cummings decision Thursday, January 19, 2023
 
 Civil Rights
 **FOR IMMEDIATE RELEASE** January 19, 2023 **WASHINGTON—**Today the National Council on Disability releases a policy brief on a legal decision impacting people experiencing disability-based discrimination. *Cummings v. Premier Rehab Keller PLLC: Implications and Avenues for Reform* examines the U.S. Supreme Court decision of April 28, 2022. In that case, justices held that a plaintiff bringing suit to enforce the antidiscrimination provisions of Section 504 of the Rehabilitation Act of 1973 or Section 1557 of the Patient Protection and Affordable Care Act cannot recover damages for emotional distress resulting from intentional disability-based discrimination. “With the *Cummings* decision, the U.S. Supreme Court has rolled back the clock 50 years to an era when it was permissible to subject the ‘handicapped’ to separate and unequal treatment without repercussion,” said NCD Chairman Andrés Gallegos. “Section 504 opened the courts to aggrieved disabled people who with the protection of that newly-amended federal legislation – for which the community fiercely fought to attain since we were left behind with the passage of the Civil Rights Act nine years prior -  could recover monetary damages for emotional distress that inarguably accompanies blatant acts of discrimination.” NCD’s policy brief analyzes the Supreme Court’s decision, discusses the challenge of securing injunctive relief when emotional distress damages are not available; describes the impacts of Cummings on people with disabilities, including immediate impacts already experienced; and lists the availability of emotional distress damages under state laws. The policy brief concludes by recommending a legislative fix to the Supreme Court decision. NCD is an independent, nonpartisan federal agency that advises the President, Congress and other federal agencies on disability policy. The report is available at NCD.gov.  ###


Budget and Performance Congressional Budget Justification
            
            Financial Audits
            
            Buy American Act
            
            Government Performance and Results Act
 Resources Bylaws
            
            Strategic Plan
            
            Authorizing Statute
 Agency Governance News
            
            FOIA
            
            Contact NCD
            
            Subscribe for NCD News
 Policies / Statements No FEAR Act Data
            
            Vulnerability Disclosure Policy
            
            View accessibility statement
            
            View Equity Action Plan


twitter logoTwitter
 instagram logoInstagram
 linkedin logoLinkedIn
 facebook logoFacebook
 youtube logoYoutube
 
 Phone


NCD.gov
        An official website of the
          National Council on Disability