Fair Calculations in Civil Damages Act of 2025

This legislation aims to prevent federal courts from considering an individual's race, ethnicity, or sex —encompassing gender, gender identity, sexual orientation, and intersex traits—when determining their projected future earning potential for civil damages. The core purpose is to ensure that calculations of economic loss in civil actions are free from discriminatory biases based on these protected characteristics. However, the bill clarifies that this prohibition does not prevent courts from awarding damages based on a plaintiff's membership in a protected class or for purposes related to federal civil rights laws. To support this objective, the Secretary of Labor is directed to develop guidance for forensic economists on creating inclusive future earnings tables that do not rely on these protected characteristics. The Secretary of Labor, in conjunction with the Attorney General, will also provide guidance to states for unbiased future earnings calculations in state tort proceedings. Furthermore, the bill mandates studies by the Judicial Conference of the United States on personal injury damages and by the Administrative Office of the United States Courts on age and disability considerations, along with recommendations to Congress. Finally, the Federal Judicial Center is tasked with conducting training for federal judges on implementing these new requirements.