New Bill Would Enable Employees to Recover Damages for Emotional Distress

The Clarifying Civil Right Remedies Act of 2022 would enable employees to seek compensatory damages for emotional harm under several federal discrimination laws.

Background: In April 2022, the Supreme Court held (6-3) in Cummings v. Premier Rehab Keller that emotional distress damages are not recoverable in a private action to enforce either the Rehabilitation Act or the Affordable Care Act.

Specifically, the bill amends the remedies available under Title VI of the Civil Rights Act, Title IX of the Education Amendments of 1972, the Age Discrimination Act, the Rehabilitation Act of 1973, and the Affordable Care Act.

Outlook: While the bill is unlikely to be considered by the Senate before the end of 2022, it will be reintroduced in 2023 and could be considered when the Senate has a larger Democratic majority.