Bill Summary
The "Fair Calculations in Civil Damages Act of 2025" is legislation aimed at ensuring that courts do not factor in a person's race, ethnicity, gender, or sexual orientation—whether actual or perceived—when determining damages in civil cases related to projected future earnings.
Key components of the bill include:
1. **Prohibition of Discriminatory Calculations**: Courts are explicitly prohibited from using demographic characteristics to influence calculations of future earning potential for plaintiffs.
2. **Development of Inclusive Guidelines**: The Secretary of Labor is tasked with creating guidance for economists to develop "inclusive future earnings tables" that are free from bias based on the aforementioned characteristics. This aims to standardize how future earnings are assessed in a fair and equitable manner.
3. **Study and Reporting Requirements**: The Judicial Conference of the United States is required to conduct a study on damages awarded under federal law, including an analysis of data by case type and protected classes. A report with findings must be submitted to Congress within a stipulated timeframe.
4. **Training for Judges**: The Federal Judicial Center will provide training to federal judges to ensure they understand how to implement the provisions of this Act and utilize compliant earnings tables in court.
Overall, this legislation seeks to promote fairness and equality in the judicial process regarding civil damages, aligning with federal civil rights laws while emphasizing the need for unbiased calculations of future earnings.
Possible Impacts
The "Fair Calculations in Civil Damages Act of 2025" could affect people in several significant ways:
1. **Limitation on Damage Awards**: Individuals who have experienced discrimination or harm based on their race, ethnicity, gender, or sexual orientation may find that their potential damages are more limited. For example, if a plaintiff who identifies as a member of a protected class suffers an injury that impacts their future earnings, the court cannot factor in their race or gender when calculating the compensation. This could result in lower awards for some plaintiffs compared to what they might have received under previous legal standards.
2. **Development of Inclusive Economic Data**: The requirement for the Secretary of Labor to develop inclusive future earnings tables means that forensic economists will need to create new methods for estimating future earnings that are free from bias based on protected characteristics. This could lead to a more equitable system for assessing damages, but it might also require adjustments in how economic data is collected and interpreted, impacting the work of economists and legal professionals.
3. **Impact on Legal Precedents and Court Cases**: The Act may lead to changes in how courts approach cases involving personal injury and discrimination. For instance, the studies mandated by the Act could uncover disparities in how damages are awarded across different demographics, prompting further legislative or judicial actions. This could alter the landscape of civil rights litigation, as plaintiffs and their attorneys may need to adapt their strategies to align with the new legal framework regarding damage calculations.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4161 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 4161
To prohibit a court from awarding damages based on race, ethnicity,
gender, or actual or perceived sexual orientation, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 26, 2025
Mr. Casten (for himself and Ms. Norton) introduced the following bill;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To prohibit a court from awarding damages based on race, ethnicity,
gender, or actual or perceived sexual orientation, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Calculations in Civil Damages
Act of 2025''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``future earnings table'' includes any table
or compilation of economic data used to determine, taking into
account the median earnings in a geographic region--
(A) how many years an individual would have worked
in the future; or
(B) the average wage an individual would have
earned in the future; and
(2) the term ``protected class'' means a group of
individuals sharing a common characteristic or identity who are
legally protected against discrimination.
SEC. 3. CALCULATIONS OF DAMAGES.
(a) In General.--Notwithstanding any other provision of law, no
court of the United States may award damages to a plaintiff in a civil
action using a calculation for the projected future earning potential
of that plaintiff that takes into account the actual or perceived race,
ethnicity, or sex (including gender, gender identity, sexual
orientation, and sex characteristics including intersex traits).
(b) Rule of Construction.--Nothing in this section shall be
construed to deny a court from ordering damages based on the fact that
the plaintiff is a member of a protected class or for the purposes of
Federal civil rights laws.
SEC. 4. INCLUSIVE FUTURE EARNINGS TABLES.
Not later than 180 days after the date of enactment of this Act--
(1) the Secretary of Labor shall develop guidance for
forensic economists to develop inclusive future earnings tables
that do not rely on race, ethnicity, gender, or actual or
perceived sexual orientation; and
(2) the Secretary of Labor and the Attorney General shall
develop guidance for States on how to make calculations of
future earnings in State tort proceedings free of bias on the
basis of actual or perceived race, ethnicity, and sex
(including gender, gender identity, sexual orientation, and sex
characteristics including intersex traits).
SEC. 5. STUDY AND REPORT.
(a) Judicial Conference of the United States.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Judicial Conference of the United
States shall conduct a study on--
(A) damages awarded under Federal law for personal
injury; and
(B) the aggregate data described in paragraph (1)--
(i) by case type, including employment
discrimination and tort damages; or
(ii) by protected classes, including actual
or perceived race, ethnicity, and sex
(including gender, gender identity, sexual
orientation, and sex characteristics including
intersex traits).
(2) Report.--Not later than 18 months after the date of
enactment of this Act, the Judicial Conference of the United
States shall submit to Congress a report on the study conducted
under paragraph (1).
(b) Administrative Office of the United States Courts.--Not later
than 1 year after the date of enactment of this Act, the Administrative
Office of the United States Courts shall conduct a study and submit to
Congress recommendations resulting from the study on how to ensure that
calculations of future earning potential of plaintiffs that take into
account age and disability without conflicting with Federal equal
protection laws.
SEC. 6. TRAINING.
The Federal Judicial Center shall conduct training for Federal
judges on how to implement this Act, including instructions on how to
use tables on future earnings in evidence that comply with this Act.
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