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S 2190
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Fair Calculations in Civil Damages Act of 2025

To prohibit a court from awarding damages based on race, ethnicity, gender, or actual or perceived sexual orientation, and for other purposes.

Introduced Jun 26, 2025

Latest action (Jun 26, 2025) Read twice and referred to the Committee on the Judiciary.

Issues
Civil Rights

Summary

This bill prohibits federal courts from using race, ethnicity, gender, gender identity, sexual orientation, or sex characteristics in calculations of a plaintiff's projected future earning potential when awarding civil damages. The bill requires the Secretary of Labor to develop guidance for forensic economists to create future earnings tables that exclude these characteristics within 180 days. It also directs the Secretary of Labor and Attorney General to provide guidance to states on making future earnings calculations free of such bias. The bill requires the Judicial Conference to conduct a study on federal damages awarded by case type and protected class status, with a report due within 18 months, and mandates training for federal judges on implementing the law.

AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.

Sponsor (1)

Money behind the sponsor

Top reported contributors to Cory A. Booker’s campaign committee (2024 cycle) — who funds the bill’s sponsor, not a claim about this bill. Data from FEC.

  • NULL $92,425
  • PRIME HEALTHCARE $19,800
  • APOLLO $15,800
  • LOWENSTEIN SANDLER LLP $15,700
  • HARVARD UNIVERSITY $14,100

Organizations whose employees gave the most — itemized individual contributions grouped by the donor’s reported employer (FEC Schedule A). Full finance for Cory A. Booker → · Outside spending →

Actions (2)

  1. Jun 26, 2025 Read twice and referred to the Committee on the Judiciary. · senate
  2. Jun 26, 2025 Introduced in Senate

Similar bills (6)

Bills with similar text or summary — includes reintroductions across Congresses. Ranked by semantic similarity of the bill text (computed locally); a neutral discovery aid, not a claim the bills are duplicates.

Full text

IN THE SENATE OF THE UNITED STATES

June 26 (legislative day, June 24), 2025

Mr. Booker introduced the following bill; which was read twice and 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; and

(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. <all>

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