Fair Calculations in Civil Damages Act of 2025

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—

the term protected class means a group of individuals sharing a common characteristic or identity who are legally protected against discrimination.

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).

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.

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

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).

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.