HR 4161119th CongressIn Committee

Fair Calculations in Civil Damages Act of 2025

Introduced: Jun 26, 2025

Civil Rights & Justice

Standard Summary

Comprehensive overview in 1-2 paragraphs

The Fair Calculations in Civil Damages Act of 2025 would bar courts from awarding damages in civil cases using methods that project a plaintiff’s future earnings if those calculations rely on the plaintiff’s race, ethnicity, or sex (including gender identity, sexual orientation, and sex characteristics such as intersex traits). The bill aims to ensure future-earnings calculations are neutral and not biased by protected characteristics. It would require the creation of inclusive future-earnings tables and provide guidance to states on how to perform future-earnings calculations without bias. It also mandates studies and reporting by federal judicial and court administration bodies and mandates training for federal judges on applying the new rules. The law permits damages to be based on protected characteristics for purposes other federal civil rights protections, but not in future-earnings calculations.

Key Points

1Prohibits courts from using future-earnings calculations that incorporate actual or perceived race, ethnicity, or sex (including gender identity, sexual orientation, and sex characteristics) when awarding damages.
2Requires the development of inclusive future-earnings tables by the Secretary of Labor and guidance to states so that future-earnings calculations avoid bias tied to protected characteristics.
3Mandates studies and reporting: the Judicial Conference must study damages in federal cases and report to Congress; the Administrative Office of the U.S. Courts must study how to account for age and disability in earnings calculations without conflicting with equal-protection laws.
4Requires training for federal judges by the Federal Judicial Center on how to implement the act and how to use compliant future-earnings tables in evidence.
5Preserves the ability to award damages based on protected characteristics for purposes other than calculation of future earnings under federal civil rights laws, and clarifies the rule does not bar such considerations in other contexts.

Impact Areas

Primary group/area affected: Plaintiffs and defendants in federal civil cases involving damages tied to loss of future earnings, including personal injury and tort claims.Secondary group/area affected: Forensic economists, expert witnesses, and judges who perform or oversee damages calculations; state tort systems and practitioners who would implement the new inclusive tables with guidance from the Secretary of Labor.Additional impacts:- Potential standardization of damages calculations across jurisdictions through uniform, bias-free future-earnings tables.- Training and guidance requirements that may increase litigation preparation time and administrative costs for courts and law firms.- Data collection and reporting by the Judicial Conference and Administrative Office of the United States Courts, with implications for how damages data by case type and protected class are tracked.

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