The Supreme Court on Thursday upheld the dismissal of a discrimination lawsuit filed by a deaf, legally blind woman against a North Texas physical therapy practice that would not provide an American Sign Language interpreter for her appointments.
Chief Justice John Roberts wrote in a 6-3 decision with conservatives in the majority that businesses that receive federal health care funds cannot be sued for discrimination under the Affordable Care Act when the alleged harm is emotional rather than financial.
In his dissent, Justice Stephen Breyer stated that people who face discrimination frequently experience humiliation or embarrassment. “It is difficult to reconcile the Court’s decision with the fundamental goals of antidiscrimination legislation. As I previously stated, one such goal is to defend “human dignity rather than mere economics.”” Breyer wrote, citing an opinion from his former boss, Justice Arthur Goldberg, in a pivotal Civil Rights case from the 1960s.
In his opinion, Breyer noted that some anti-bias laws, including those prohibiting workplace discrimination, provide for damages for emotional distress.
The current case began when the woman, Jane Cummings, requested an ASL interpreter for physical therapy appointments with Premier Rehab Keller in the Dallas-Fort Worth area to treat chronic back pain.
Cummings primarily communicates in ASL. Premier Rehab, on the other hand, stated that Cummings could “communicate with the therapist using written notes, lip reading, or gesturing,” according to Roberts.
She went elsewhere, but then sued the company, requesting a court order and damages for emotional distress. The lawsuit was dismissed in lower courts.