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Description
The U.S. Supreme Court ruled in Cummings v. Premier Rehab Keller (2022) that emotional distress damages are not recoverable in private actions to enforce statutes authorized under the Spending Clause of the U.S. Constitution, which conditions receipt of federal funds on compliance with the statute.
Statutes authorized under the Spending Clause include:
- Rehabilitation Act, which prohibits discrimination based on disability
- Title IX of the Education Amendments Act of 1972, which prohibits sex-based discrimination and harassment at educational institutions
- Title VI of the Civil Rights Act of 1964, which prohibits race discrimination in educational institutions
- Patient Protection and Affordable Care Act, which prohibits healthcare entities from discriminating based on race, sex, disability, or age
The Court held that the Spending Clause statutes do not permit recovery of emotional distress damages because an emotional injury is not generally recoverable for breach of contract.
This ruling will be significant for colleges, universities, school districts, charter schools, and healthcare providers, most of whom are federal funding recipients. Students and patients can no longer recover emotional distress damages under these statutes, which historically have been a substantial portion of the damages sought in such actions.
While the decision is limited to Spending Clause antidiscrimination statutes, employment attorneys must consider the effect of this case and future decisions on discrimination claims.
Listen as our expert panel discusses the ramifications of the Cummings decision and best practices for pursuing discrimination claims under this new framework.
Presented By

Mr. Kilberg served as Counselor to Secretary Eugene Scalia at the U.S. Department of Labor from 2019 to 2021. In that role, he briefed and advised the Secretary and Deputy Secretary on a wide range of matters and led teams on important regulatory and other projects for the Office of the Secretary, including matters concerning environmental, social, and governance investing, proxy voting, the U.S.-Mexico-Canada Agreement, independent contractor status, apprenticeships, religious accommodation, evidentiary standards and procedures for non-discrimination enforcement actions, and the coronavirus pandemic. Mr. Kilberg represents clients in a wide range of appellate, regulatory, and complex litigation matters across a variety of industries in front of both federal and state courts and agencies, with an emphasis on labor and employment and telecommunications matters.

Ms. Turner is an active partner with the Employment, Labor and Life, Health, Disability & ERISA practice groups and one of the national leaders of the Firm’s Cannabis, Hemp & CBD practice group. She represents clients in Washington and Oregon and is a Co-Managing Partner of the firm’s Seattle office. Ms. Turner's Employment and Labor practice focuses on employers and includes a hybrid of counseling and litigation. She is an experienced litigator who has represented and defended employers in matters involving claims for wrongful discharge, discrimination, harassment, retaliation, privacy, defamation, ADA, leave and benefits, breach of contract, violation of non-competition and non-solicitation agreements, and wage and hour. Ms. Turner practices in both Washington and Oregon’s state and federal trial and appellate courts, and her practice includes arbitrations before American Arbitration Association and Judicial Arbitration and Mediation Services. She also has experience representing clients before federal and state agencies including the National Labors Relations Board, Equal Employment Opportunity Commission, Department of Labor, Department of Health, Washington’s Labor & Industries, Washington’s Human Rights Commission, Employee Security Department, Seattle Office of Civil Rights, Oregon’s Bureau of Labor and Industries, and other state and local administrative agencies.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Wednesday, August 23, 2023
- schedule
1:00 p.m. ET./10:00 a.m. PT
Outline
- Cummings v. Premier Rehab Keller
- History
- Holding
- Limitation on emotional distress damages
- Dissent
- Takeaways
- Best practices
Benefits
The panel will discuss these and other important topics:
- What was the holding in Cummings v. Premier Rehab Keller, and how is it limited?
- How may the holding in Cummings v. Premier Rehab Keller affect future discrimination claims?
- What are the best practices for litigating discrimination claims in the Cummings v. Premier Rehab Keller framework?
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