Southeast ADA Center
2022
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Jane Cummings is a deaf and legally blind person who uses American Sign Language (“ASL”). She sued her health care provider, Premier Rehab Keller, P.L.L.C. (Premier), under the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA), Affordable Care Act (ACA), Civil Rights Act of 1964, and the Texas Human Rights Code, for allegedly failing to provide an ASL interpreter that Cummings needed to understand her treatment plan.
Cummings came to Premier for physical therapy treatment of her chronic back pain. Cummings asked that an ASL interpreter be available during her appointments, but Premier refused the request, saying written notes, lipreading, and gestures were adequate. Cummings left Premier and received care from another provider. Cummings filed suit in District Court against Premier, saying that its failure to provide an ASL interpreter was disability discrimination in violation of § 504 of the Rehabilitation Act. Section 504 applies in this case because Premier receives federal funds reimbursement through Medicare and Medicaid for some of its services. Cummings asked Premier to provide ASL interpreters and to pay for her emotional distress. Cummings asked the court for declaratory relief, an injunction, and damages. In other words, she wanted the court to decide whether she could receive compensation from Premier for her emotional distress due to disability discrimination.
The District Court ruled against Cummings, saying damages for emotional harm are not allowed in private lawsuits filed to enforce the Rehabilitation Act. The Court of Appeals for the Fifth Circuit agreed with the District Court decision. Cummings then appealed to the United States Supreme Court.
https://adasoutheast.org/court/cummings-v-premier-rehab-keller-p-l-l-c/
Keywords: ADA Title III, Affordable Care Act of 2010, Civil Rights Act of 1964, Rehabilitation Act of 1973, Texas Human Rights Code, deaf, emotional distress, legally blind