Title VI of the Civil Rights Act of 1964

May 23, 2023 by mjpospis

Title VII Retaliation Claim Dismissal Affirmed; Adverse Actions Preceded Protected Activity

In a recent decision, Briggs v. SCO Family of Services et al, 2023 WL 3589896, (2d Cir. May 23, 2023), the court, inter alia, affirmed the summary judgment dismissal of plaintiff’s retaliation asserted pursuant to Title VII of the Civil Rights Act of 1964. This decision illustrates that a retaliation claim will be undermined where…

SCOTUS: Emotional Distress Damages Unavailable Under “Spending Clause” Antidiscrimination Laws

In a recent decision, Cummings v. Premier Rehab Keller, P.L.L.C., 142 S.Ct. 1562 (U.S. April 28, 2022), the U.S. Supreme Court held that emotional distress damages are not recoverable under the Rehabilitation Act of 1973 or the Patient Protection and Affordable Care Act (ACA), which Congress enacted under the Constitution’s “Spending Clause” (U.S. Constitution, Article…