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119-s-2190119th Congress

Fair Calculations in Civil Damages Act of 2025

Sponsored By: Senator Booker, Cory A. [D-NJ]

Introduced

Summary

Ban on race- or sex-based future earnings adjustments. This bill would bar federal courts from using a plaintiff’s race, ethnicity, or sex, including gender identity, sexual orientation, and sex characteristics, when calculating projected future earnings for damage awards. It pairs that ban with guidance for economists, studies for courts, and judge training to implement bias-free calculations.

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  • Plaintiffs and families: Future-earnings awards in federal civil cases would be calculated without considering race, ethnicity, gender, gender identity, sexual orientation, or sex characteristics.
  • Forensic economists: The Secretary of Labor would have 180 days to issue guidance for creating inclusive future earnings tables that avoid those characteristics.
  • States and state cases: The Secretary of Labor and the Attorney General would have 180 days to provide guidance to States on calculating future earnings in State tort proceedings free of such bias.
  • Courts and judges: The Federal Judicial Center would conduct training for federal judges on using compliant future earnings tables as evidence.
  • Studies and reporting: The Judicial Conference must study federal personal injury damages and report to Congress within 18 months. The Administrative Office of the U.S. Courts must study accounting for age and disability and submit recommendations within 1 year.
  • Civil rights exception: The ban preserves the ability to award damages tied to protected-class status under federal civil rights laws.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 1 benefits, 0 costs, 0 mixed.

Fair earnings estimates for civil plaintiffs

If enacted, the bill would stop federal courts from using a plaintiff's actual or perceived race, ethnicity, or sex to estimate future earnings in civil damage awards. It would define what counts as a "future earnings table" and what a "protected class" is for the law. Within 180 days, the Labor Secretary would have to issue guidance for economists and, with the Attorney General, for States on bias-free earnings tables. The Judicial Conference and the Administrative Office would study damages and how to account for age and disability, and the Federal Judicial Center would train judges. The bill would still allow damages tied to protected-class membership under federal civil rights laws.

Sponsors & CoSponsors

Sponsor

Booker, Cory A. [D-NJ]

NJ • D

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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