Fair Calculations in Civil Damages Act of 2025

This bill would stop federal courts from using a person’s race, ethnicity, or sex (including gender identity, sexual orientation, and intersex traits) to calculate future earnings when deciding money damages in civil cases. In plain terms, judges and experts couldn’t use pay charts that assume someone will earn less (or more) because of who they are. This does not block courts from awarding damages in discrimination cases—it only stops biased math in how those damages are calculated. The bill also defines “future earnings tables” as data tools used to estimate future pay, often based on local median earnings.

Within 180 days, the Labor Department must issue guidance to help experts build “inclusive” earnings tables that don’t rely on race, ethnicity, or sex, and work with the Justice Department to guide states on fair, bias-free methods, too. The courts must study current damage awards and report to Congress, and court administrators must recommend how to consider age and disability without violating equal protection. Federal judges will get training on using compliant earnings tables in court.

• Who is affected: People seeking money damages in civil cases; forensic economists; federal judges; state courts that follow federal guidance .
• What changes: No damage awards based on future-earnings math that uses race, ethnicity, or sex; new bias-free guidance and training; court studies and recommendations to improve fairness .
• When: Guidance due within 180 days; court studies due within 1 year; report to Congress within 18 months.