Fair Calculations in Civil Damages Act of 2022
This bill prohibits courts from awarding damages to plaintiffs in civil actions using a calculation for projected future earning potential that takes into account a plaintiff's race, ethnicity, gender, religion, or actual or perceived sexual orientation.
The bill requires the Department of Labor to develop guidance for economists to develop future earnings tables that do not rely on race, ethnicity, gender, religion, or actual or perceived sexual orientation. Additionally, Labor and the Department of Justice must develop guidance for states on how to calculate future earnings in state tort proceedings in a manner that is free of such biases.
The Judicial Conference of the United States must report on damages awarded under federal law for personal injury, employment discrimination, tort damages, and cases involving protected classes of individuals sharing a common characteristic or identity who are legally protected against discrimination. The Administrative Office of the United States Courts must submit recommendations to ensure that future earnings calculations that take into account age and disability do not conflict with federal equal protection laws.
The bill requires the Federal Judicial Center to train federal judges on how to implement this bill.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6758 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 6758
To prohibit a court from awarding damages based on race, ethnicity,
gender, religion, or actual or perceived sexual orientation, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 18, 2022
Mr. Casten (for himself, Mr. Cohen, Ms. Jackson Lee, Mrs. Demings, Mr.
Carson, Mr. Neguse, and Mr. Lieu) introduced the following bill; which
was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To prohibit a court from awarding damages based on race, ethnicity,
gender, religion, or actual or perceived sexual orientation, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Calculations in Civil Damages
Act of 2022''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``future earnings table'' includes any table
or compilation of economic data used to determine--
(A) how many years an individual would have worked
in the future; or
(B) the average wage an individual would have
earned in the future; and
(2) the term ``protected class'' means a group of
individuals sharing a common characteristic or identity who are
legally protected against discrimination.
SEC. 3. CALCULATIONS OF DAMAGES.
(a) 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 race, ethnicity, gender,
religion, or actual or perceived sexual orientation of the plaintiff.
(b) 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.
SEC. 4. INCLUSIVE FUTURE EARNINGS TABLES.
Not later than 180 days after the date of enactment of this Act--
(1) the Secretary of Labor shall develop guidance for
forensic economists to develop inclusive future earnings tables
that do not rely on race, ethnicity, gender, religion, or
actual or perceived sexual orientation; and
(2) 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 race, ethnicity, gender, religion, or actual or
perceived sexual orientation.
SEC. 5. STUDY AND REPORT.
(a) Judicial Conference of the United States.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Judicial Conference of the United
States shall conduct a study on--
(A) damages awarded under Federal law for personal
injury; and
(B) the aggregate data described in paragraph (1)--
(i) by case type, including employment
discrimination and tort damages;
(ii) by protected classes, including race,
ethnicity, gender, religion, and actual or
perceived sexual orientation; and
(iii) any other information that the
Judicial Conference of the United States
determines is relevant.
(2) Report.--Not later than 18 months after the date of
enactment of this Act, the Judicial Conference of the United
States shall submit to Congress a report on the study conducted
under paragraph (1).
(b) 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.
SEC. 6. TRAINING.
The Federal Judicial Center shall conduct training for Federal
judges on how to implement this Act, including instructions on how to
use tables on future earnings in evidence that comply with this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
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