S5354-118

What This Bill Does

The Clarifying Civil Rights Remedies Act of 2024 strengthens the legal remedies available to victims of discrimination by explicitly confirming that "emotional harm" damages are recoverable in civil rights lawsuits. This responds to legal uncertainty created by court decisions that had questioned whether emotional distress damages were available under certain anti-discrimination laws. The bill ensures that people who experience discrimination based on disability, race, sex, age, or national origin can seek compensation for the psychological and emotional toll of that discrimination.

Who Benefits and How

Individuals with disabilities and other discrimination victims are the primary beneficiaries. They gain explicit statutory confirmation that they can recover damages for emotional harm (anxiety, humiliation, distress) when suing for discrimination under major civil rights laws including Section 504 of the Rehabilitation Act, Section 1557 of the Affordable Care Act (healthcare discrimination), Title IX (sex discrimination in education), the Age Discrimination Act, and Title VI of the Civil Rights Act (race/national origin discrimination). This legal certainty makes it more practical to bring discrimination claims and increases the potential recovery in successful cases.

Civil rights attorneys and advocacy organizations also benefit, as the clarification removes legal obstacles that made discrimination cases harder to pursue, particularly when victims suffered primarily emotional rather than economic harm.

Who Bears the Burden and How

State governments and public institutions face expanded liability exposure, as the bill explicitly waives sovereign immunity and confirms that states can be sued for emotional harm damages. This includes public universities, state healthcare facilities, and other government-funded programs.

Private entities receiving federal funding (hospitals, schools, employers with federal contracts) bear increased risk of larger damage awards in discrimination lawsuits, as plaintiffs can now clearly seek emotional distress compensation in addition to other remedies.

Healthcare providers and insurers subject to Section 1557 of the ACA face heightened liability for discriminatory practices, with greater potential damages.

Key Provisions

• Amends the Rehabilitation Act Amendments of 1986 to explicitly state that compensatory damages "shall include all types of compensatory damages, including damages for emotional harm"
• Applies to both private and public entities, including state governments, effectively waiving sovereign immunity for these damage claims
• Covers discrimination under five major civil rights laws: Section 504 (disability), Section 1557 of ACA (healthcare), Title IX (education/sex), Age Discrimination Act, and Title VI (race/national origin)
• Takes effect for any violation where a court has not yet rendered a final decision as of enactment, meaning it applies to pending cases
• Invokes broad congressional power under both the 14th Amendment Equal Protection Clause and the Spending Clause to maximize legal authority