119-s2190

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2190 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 2190

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

_______________________________________________________________________

 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.
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