S. 2190: Fair Calculations in Civil Damages Act of 2025

The "Fair Calculations in Civil Damages Act of 2025" is introduced in the U.S. Senate with the aim of changing how damages are calculated in civil cases. The bill prohibits courts from considering factors such as race, ethnicity, gender, or perceived sexual orientation when determining the projected future earnings of a plaintiff. Below are the main points of the bill:

Bill Overview

The bill can be summarized in the following key sections:

1. Title of the Act

The act is officially named the "Fair Calculations in Civil Damages Act of 2025."

2. Definitions

• Future earnings table: Any economic data used to calculate how long an individual would have worked in the future or the average wage they would have earned.
• Protected class: A group of individuals sharing a common characteristic or identity that is legally protected from discrimination.

3. Damages Calculations

The act states that:

• No court in the U.S. may award damages based on the future earning potential of a plaintiff if calculated using their race, ethnicity, or sex (including gender identity and sexual orientation).
• The law does not prevent courts from awarding damages related to civil rights violations or acknowledging that a plaintiff belongs to a protected class.

4. Development of Inclusive Tables

Within 180 days of the enactment of the Act:

• The Secretary of Labor will provide guidance to economists on creating future earnings tables free from bias related to race, ethnicity, gender, or sexual orientation.
• The Secretary of Labor and the Attorney General will guide states on unbiased calculations of future earnings for civil cases.

5. Studies and Reports

The bill mandates two studies:

• The Judicial Conference of the United States will study damages awarded under federal law and provide a report within 18 months after the Act's enactment.
• The Administrative Office of the United States Courts will study recommendations for ensuring future earnings calculations consider age and disability without conflicting with equal protection laws.

6. Training for Judges

The Federal Judicial Center will conduct training for federal judges on how to apply the provisions of the Act and use compliant tables for future earnings in court cases.

Relevant Companies

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