H.R. 4980: Fair Calculations in Civil Damages Act of 2023

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.

Written by the Congressional Research Service, Library of Congress.