S4706119th CongressWALLET

Equal Remedies Act of 2026

Sponsored By: Senator Markey, Edward J. [D-MA]

Introduced

Summary

Equalize remedies for civil-rights and age-discrimination claims. This bill would let victims seek the same range of compensatory damages and broaden jury-trial rights in federal discrimination suits.

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  • Workers and discrimination claimants: It would explicitly allow compensatory damages under 42 U.S.C. 1981a for past and future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses. It would also let any party demand a jury trial under that provision.
  • Older workers and enforcement agencies: It would align the Age Discrimination in Employment Act remedies with Title VII. That gives the Equal Employment Opportunity Commission, the Attorney General, and private plaintiffs the same powers, remedies, and procedures for ADEA claims, including compensatory and potentially punitive damages and the full range of Title VII relief.
  • Employers and defendants: Employers facing 42 U.S.C. 1981a or ADEA claims would face wider exposure to damages and a greater likelihood of jury trials.

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 2 benefits, 0 costs, 0 mixed.

More damages and jury trials

If enacted, the bill would allow compensatory damages in cases under 42 U.S.C. 1981a for past and future money losses and nonmoney harms. It lists emotional pain, suffering, inconvenience, mental anguish, and loss of enjoyment of life as recoverable harms. Any party in those cases would be able to demand a jury trial.

More remedies for age discrimination

If enacted, the bill would let people who claim age discrimination get the same remedies as under Title VII. The EEOC, the Attorney General, or a private person would be able to seek any legal or equitable relief Title VII allows. It applies to age claims under ADEA sections 4 or 15 and related regulations. It is subject to other ADEA limits and to section 9.

Sponsors & CoSponsors

Sponsor

Markey, Edward J. [D-MA]

MA • D

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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