Equal Remedies Act of 2026
Sponsored By: Senator Markey, Edward J. [D-MA]
Introduced
Summary
Expands remedies for age discrimination to match Title VII and adds jury-trial rights for certain 42 U.S.C. 1981a claims. The bill would align the Age Discrimination in Employment Act remedies with Title VII and would redefine compensatory damages while allowing jury demands under Section 1977A.
Show full summary
- Workers and job applicants: Would gain the same types of legal and equitable relief for age-discrimination claims that Title VII provides. This widens what victims can seek in court.
- People suing under 42 U.S.C. 1981a: Would see compensatory damages explicitly defined to include past and future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses. Any party could demand a jury trial for those claims.
- Employers and defendants: Would face broader relief options and greater exposure to damages and jury trials in discrimination cases.
- Enforcement bodies: The Equal Employment Opportunity framework and the Attorney General would be able to pursue the full range of legal or equitable relief available under Title VII when handling ADEA matters.
Personalized for You
How does this bill affect your finances?
Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.
Bill Overview
Analyzed Economic Effects
2 provisions identified: 0 benefits, 0 costs, 2 mixed.
Bigger damage awards and jury trials
If enacted, the bill would expand compensatory damages under 42 U.S.C. 1981a to list past and future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses. It would also allow any party to demand a jury trial in claims under that section. These changes would take effect upon enactment. Employers could face larger awards and more jury trials, and the bill does not set specific dollar caps.
More remedies for older workers
If enacted, the bill would let age-discrimination claimants use the same powers, remedies, and procedures found in Title VII. It would apply to claims under ADEA sections 4 or 15 and regulations under section 9, unless another ADEA subsection or section 9 says otherwise. The bill would remove a sentence that limited remedies to unpaid wages and instead authorize any legal or equitable relief available under Title VII. These changes would take effect upon enactment, and employers could face broader liability and larger awards.
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.
View on Congress.gov