In Cummings v. Premier Rehab Keller, the Supreme Court will decide whether Congress meant to create a private right of action to sue for compensatory damages for emotional distress under existing federal civil rights laws.
While this case has flown largely under the radar, it will have colossal implications for the ongoing legal battle to protect religious freedom, especially as it intersects with modern interpretations of civil rights law and governmental anti-discrimination provisions.
Jane Cummings, who is deaf and legally blind, had attempted to make a physical therapy appointment at Premier Rehab in Keller, Texas, for her chronic back pain. Premier Rehab is a small business and a top rehabilitation clinic that is also a recipient of federal funds.
Due to her disability, Cummings requested that Premier provide her with a sign language interpreter. Premier declined, instead offering to refer Cummings to a different clinic or provide alternative accommodations.
The alternative accommodations it offered Cummings—to communicate with her through written notes, lip reading, and gesturing—were, she believed, insufficient to meet her needs. Cummings first asked Premier Rehab for an interpreter in October 2016, returning a few days later and again in February 2017. Each time Premier denied her one.
Eventually, Cummings chose another provider that offered the accommodations she sought but received treatment she believed to be “unsatisfactory.” In August 2018, Cummings sued Premier Rehab.
Five years and several appeals later, the Supreme Court is now set to hear oral arguments in her case on Nov. 30.
Cummings’ lawsuit against Premier Rehab alleges that its refusal to provide an interpreter caused her “humiliation, frustration, and emotional distress.”
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