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A landmark U.S. Supreme Court ruling significantly altered the legal landscape for Title IX cases, prompting a closer look on its impact.

Following the Supreme Court’s 2022 ruling in Cummings v. Premier Rehab Keller, damages for emotional distress are no longer recoverable under federal laws enacted through Congress’s Spending Clause, including Title IX.

In reaching their decision, the Supreme Court reasoned that because legislation enacted under the Spending Clause operates like a contract—whereby a funding recipient agrees to not engage in discriminatory conduct in exchange for federal funds—it’s appropriate to limit remedies under those statutes to those generally available for breach of contract claims. Because damages for emotional distress are typically not available for breach of contract, they cannot be recovered in actions under the Spending Clause statutes.

Claimants under Title IX are now limited to only compensatory damages and injunctive relief. (Punitive damages were previously foreclosed by the Supreme Court in 2002.[1]) Federal district courts interpreting Cummings have held that damages related to pain and suffering, emotional and psychological harm, or loss of quality of life are off the table, including claims for medical expenses based on emotional pain and suffering and mental distress.[2] Courts have allowed claims for medical expenses related to physical injury, lost income, lost opportunity, fringe benefits, and attorney’s fees and costs.[3]

One of the most profound impacts since Cummings is the noticeable decline in the number of complaints received by the Office for Civil Rights (OCR) that raise Title IX issues. A record 9,493 complaints were received by the OCR in 2022, compared to 3,526 in 2023 and 4,307 in 2024.[4]

By removing access to emotional distress damages, the Supreme Court’s decision in Cummings provides greater clarity and predictability of potential monetary liability for covered institutions.

[1] Barnes v. Gorman, 536 U.S. 181 (2002)

[2] Richard Roe W.M. v. Devereux Found., 650 F. Supp. 3d 319 (E.D. Pa. 2023); Doe v. City of Pawtucket, 633 F. Supp. 3d 583 (D.R.I. 2022).

[3] Id.

[4] https://www.ed.gov/sites/ed/files/about/reports/annual/ocr/report-to-president-and-secretary-of-education-2022.pdf; https://www.ed.gov/sites/ed/files/about/reports/annual/ocr/report-to-president-and-secretary-of-education-2023.pdf; https://www.ed.gov/media/document/ocr-report-president-and-secretary-of-education-2024-109012.pdf