The Fair Calculations in Civil Damages Act of 2025 aims to eliminate bias in civil damage awards by prohibiting federal courts from considering a plaintiff's race, ethnicity, or sex —including gender, gender identity, sexual orientation, and intersex traits—when calculating projected future earning potential. This measure ensures that damage awards are not diminished or inflated based on protected characteristics, promoting equitable outcomes in civil actions. The Act also directs the Secretary of Labor to develop guidance for forensic economists on creating inclusive future earnings tables that do not rely on these characteristics, and for states to make their tort proceedings free of such biases. Furthermore, the legislation mandates a study by the Judicial Conference of the United States on personal injury damages awarded under federal law, disaggregated by case type and protected classes, with a report to Congress. The Administrative Office of the United States Courts must also study and recommend how to calculate future earning potential considering age and disability without conflicting with equal protection laws. Finally, the Federal Judicial Center is tasked with providing training to federal judges on implementing this Act and using compliant future earnings tables.
The Fair Calculations in Civil Damages Act of 2025 aims to eliminate bias in civil damage awards by prohibiting federal courts from considering a plaintiff's race, ethnicity, or sex —including gender, gender identity, sexual orientation, and intersex traits—when calculating projected future earning potential. This measure ensures that damage awards are not diminished or inflated based on protected characteristics, promoting equitable outcomes in civil actions. The Act also directs the Secretary of Labor to develop guidance for forensic economists on creating inclusive future earnings tables that do not rely on these characteristics, and for states to make their tort proceedings free of such biases. Furthermore, the legislation mandates a study by the Judicial Conference of the United States on personal injury damages awarded under federal law, disaggregated by case type and protected classes, with a report to Congress. The Administrative Office of the United States Courts must also study and recommend how to calculate future earning potential considering age and disability without conflicting with equal protection laws. Finally, the Federal Judicial Center is tasked with providing training to federal judges on implementing this Act and using compliant future earnings tables.