Suppose that your school district is found guilty of discriminating on the basis of disability in violation of Section 504.  Or on the basis of sex in violation of Title IX.  The injured party seeks relief for this act of discrimination, including monetary compensation for the emotional pain and suffering they endured. How much can they get?

Zero.  That’s the ruling of the Supreme Court in Cummings v. Premier Rehab Keller, P.L.L.C.  It’s a wonky opinion from Chief Justice Roberts analyzing what remedies are available in private suits based on statutes that are products of the Spendings Clause of the Constitution. That includes two of the federal statutes that schools deal with frequently—504 and Title IX.

The Spendings Clause operates kind of like a parent doling out access to the family car to a teenager. You want the car?  Here are the rules.  SCOTUS expects Congress to be a tough but fair parent—giving clear notice of what the rules are, and of what the consequences will be for violating the rules.

This was a case in which the plaintiff alleged that she suffered discrimination based on disability.  However, she suffered no physical injury.  Could she recover money damages for emotional harm?  SCOTUS said no by a 6-3 margin. When Congress passed Section 504 it did not make it clear to states, cities, school districts, and other recipients of federal funds that they could be charged with monetary penalties when people are emotionally injured due to an act of discrimination. 

Does this make a big difference?  No. Suits will continue, but the cost of settlement just dropped a bit.  The case was decided on April 28, 2022 and can be found at 2022 WL 1243658.

DAWG BONE: YOU DON’T HAVE TO WORRY ABOUT THIS IF YOU DON’T VIOLATE 504 OR TITLE IX. SO, LET’S TRY THAT!

Got a question or comment for the Dawg?  Let me hear from you at jwalsh@wabsa.com. 

Tomorrow: Kennedy v. Bremerton: The Case of the Praying Coach