SB 2190—The Fair Calculations in Civil Damages Act of 2025—bars courts from awarding damages using a projected future earning calculation that reflects a plaintiff’s race, ethnicity, or sex, including gender identity and sexual orientation. The bill defines key terms and sets out a pathway to unbiased damage assessments by requiring inclusive earnings tables and guidance to states.
It also directs the Judicial Conference and the Administrative Office of the United States Courts to study current damages practice and report back, and it requires training for federal judges on using compliant earnings tables.
At a Glance
What It Does
Notwithstanding any other provision of law, the bill prohibits courts from using future-earnings calculations that take into account actual or perceived race, ethnicity, or sex (including gender identity, sexual orientation, and sex characteristics). It also mandates inclusive earnings tables and provides guidance to states to ensure bias-free calculations.
Who It Affects
Federal courts and state tort proceedings, along with forensic economists and judges who formulate or rely on future-earnings analyses.
Why It Matters
It creates a uniform, bias-resistant approach to calculating damages, supporting equal protection laws and reducing the risk that demographics skew awards.
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What This Bill Actually Does
The bill targets the mechanism by which damages are quantified in civil cases—projected future earnings. It defines what counts as a future earnings table and who is considered a protected class.
Section 3 makes it unlawful for courts to base damages on the plaintiff’s race, ethnicity, or sex (including gender identity and sexual orientation) when projecting future earnings. The provision preserves room for damages based on non-discriminatory legal theories under federal civil rights law.
The Five Things You Need to Know
The bill bans using race, ethnicity, or sex in projected earnings for damages.
It defines future earnings tables and protected classes to standardize terminology.
Within 180 days, the Secretary of Labor must develop inclusive earnings tables and provide state guidance.
The Judicial Conference and the Administrative Office of the U.S. Courts will study current damages practices and report back.
The Federal Judicial Center will train federal judges on implementing the act and using compliant tables.
Section-by-Section Breakdown
Every bill we cover gets an analysis of its key sections.
Short title
Provides the formal citation for the act as the Fair Calculations in Civil Damages Act of 2025. This section announces the legislative name and ensures the act is referenced consistently in legal and administrative contexts.
Definitions
Defines ‘future earnings table’ as data compilations used to estimate what a plaintiff would have earned in the future, and identifies ‘protected class’ to cover groups protected against discrimination. These definitions set the scope for what the statute prohibits and how calculations must be framed.
Calculations of Damages
Prohibits using any future-earnings calculation that factors in race, ethnicity, or sex, including gender identity, sexual orientation, and intersex traits. The section preserves the ability to award damages based on non-discriminatory bases under federal civil rights laws, ensuring the act does not undermine existing rights.
Inclusive Future Earnings Tables
Requires, within 180 days of enactment, the Secretary of Labor to develop guidance for forensic economists to create inclusive future-earnings tables free of bias. It also directs the Secretary of Labor and the Attorney General to provide guidance to states on applying bias-free calculations in state tort proceedings.
Study and Report
Task’s the Judicial Conference to study federal damages for personal injury and to report data by case type and protected class. The Administrative Office of the United States Courts will study how to ensure computations of earnings consider age and disability without conflicting with equal protection laws, and will submit recommendations to Congress.
Training
Directs the Federal Judicial Center to train federal judges on implementing the act, including instructions for using compliant earnings tables as evidence. This ensures judges are equipped to apply the standard consistently across cases.
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Every bill creates winners and losers. Here's who stands to gain and who bears the cost.
Who Benefits
- Plaintiffs from protected classes who would otherwise be affected by biased earnings projections, leading to more accurate and fair damage awards.
- Civil rights plaintiffs’ attorneys who practice discrimination and personal injury law and seek to ensure equal treatment across jurisdictions.
- Forensic economists and consulting firms who will develop and apply standardized, bias-free earnings tables.
- Federal and state judges who will receive clearer guidance and training to apply unbiased methods.
- Civil rights advocacy organizations that monitor bias in litigation and advocate for fair damages outcomes.
Who Bears the Cost
- Courts—federal and state—will incur costs for training and implementing new calculation standards.
- Forensic economics firms may need to update models and data sets to align with inclusive tables.
- Administrative offices (AOUSC and related entities) will bear costs for studies, data collection, and reporting.
- State governments will incur potential administrative costs to adopt and adapt the guidance for local tort proceedings.
- Universities and professional associations may contribute to training resources and curriculum updates.
Key Issues
The Core Tension
Balancing the elimination of demographic bias in damages calculations with the risk that simplified or misapplied earnings tables could undercompensate legitimate losses or fail to reflect genuine economic variations across regions and industries.
The act sets a clear path to bias-free earnings calculations but leaves open practical questions about data availability, regional variation, and the granularity of the earnings tables. Implementing inclusive tables requires robust data, consistent standards across jurisdictions, and ongoing validation to ensure that the models reflect real-world earning potential without reintroducing discriminatory biases.
The measure also relies on federal guidance and training to harmonize practices across courts, which could be unevenly adopted in the absence of dedicated funding.
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