The Fair Calculations in Civil Damages Act of 2025 would bar federal courts from using race, ethnicity, sex, gender identity, sexual orientation, or sex characteristics when calculating a plaintiff’s projected future earnings in civil damages awards. The bill defines “future earnings table” broadly and directs that damages calculations not rely on protected-class-based assumptions about work life expectancy or wages.
The measure also requires the Secretary of Labor, within 180 days of enactment, to issue guidance for forensic economists on developing inclusive future earnings tables that do not use race, ethnicity, gender, or sexual orientation, and to work with the Attorney General on guidance for states regarding bias-free future earnings calculations in state tort proceedings. In addition, it calls for a Judicial Conference study of federal damages awards and an Administrative Office of the U.S. Courts study on how age and disability may be considered in earnings calculations without conflicting with equal protection law, followed by reports and recommendations to Congress. The Federal Judicial Center would also be tasked with training federal judges on implementing the new requirements.
Impact
If enacted, the bill would change how federal courts handle damages evidence and calculations in personal injury and other civil cases by prohibiting the use of demographic assumptions tied to protected classes in future earnings estimates. It would also create new federal guidance and reporting obligations for the Department of Labor, the Attorney General, the Judicial Conference, the Administrative Office of the U.S. Courts, and the Federal Judicial Center, while encouraging states to adopt bias-free methods in tort proceedings. The bill does not appear to amend a specific existing statute directly, but it would impose new federal standards and administrative duties affecting civil damages practice.
Sentiment
Based on the bill text and the absence of recorded votes or committee debate, the measure appears to be framed as a civil-rights and fairness reform aimed at eliminating discriminatory assumptions in damages calculations. Its structure suggests support for more uniform and inclusive economic modeling in court. No formal vote history or transcript is available here, so there is no documented committee sentiment beyond the bill’s stated purpose and sponsor’s framing.
Contention
The main point of contention is likely to be whether prohibiting the use of race, ethnicity, sex, gender identity, sexual orientation, and sex characteristics in future earnings calculations improves fairness or instead limits courts’ ability to account for real-world labor-market disparities. Another possible issue is the bill’s interaction with equal protection principles and whether its guidance on age and disability calculations could create new legal uncertainty. The bill tries to address one anticipated concern by stating that it should not be read to prevent damages based on protected-class status or to interfere with federal civil rights laws.
Expands crime of bias intimidation; establishes additional penalties for crimes of bias intimidation and harassment; establishes bias intimidation motivation damages.