I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fair Calculations in 

5 Civil Damages Act of 2022’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act— 


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1 (1) the term ‘‘future earnings table’’ includes 

2 any table or compilation of economic data used to 

3 determine— 

4 (A) how many years an individual would 

5 have worked in the future; or 

6 (B) the average wage an individual would 

7 have earned in the future; and 

8 (2) the term ‘‘protected class’’ means a group 

9 of individuals sharing a common characteristic or 

10 identity who are legally protected against discrimina11 tion. 

12 SEC. 3. CALCULATIONS OF DAMAGES. 

13 (a) IN GENERAL.—Notwithstanding any other provi14 sion of law, no court of the United States may award dam15 ages to a plaintiff in a civil action using a calculation for 

16 the projected future earning potential of that plaintiff that 

17 takes into account the race, ethnicity, gender, religion, or 

18 actual or perceived sexual orientation of the plaintiff. 

19 (b) RULE OF CONSTRUCTION.—Nothing in this sec20 tion shall be construed to deny a court from ordering dam21 ages based on the fact that the plaintiff is a member of 

22 a protected class or for the purposes of Federal civil rights 

23 laws. 


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1 SEC. 4. INCLUSIVE FUTURE EARNINGS TABLES. 

2 Not later than 180 days after the date of enactment 

3 of this Act— 

4 (1) the Secretary of Labor shall develop guid5 ance for forensic economists to develop inclusive fu6 ture earnings tables that do not rely on race, eth7 nicity, gender, religion, or actual or perceived sexual 

8 orientation; and 

9 (2) the Secretary of Labor and the Attorney 

10 General shall develop guidance for States on how to 

11 make calculations of future earnings in State tort 

12 proceedings free of bias on the basis of race, eth13 nicity, gender, religion, or actual or perceived sexual 

14 orientation. 

15 SEC. 5. STUDY AND REPORT. 

16 (a) JUDICIAL CONFERENCE OF THE UNITED

17 STATES.— 

18 (1) IN GENERAL.—Not later than 1 year after 

19 the date of enactment of this Act, the Judicial Con20 ference of the United States shall conduct a study 

21 on— 

22 (A) damages awarded under Federal law 

23 for personal injury; and 

24 (B) the aggregate data described in para25 graph (1)— 


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1 (i) by case type, including employment 

2 discrimination and tort damages; 

3 (ii) by protected classes, including 

4 race, ethnicity, gender, religion, and actual 

5 or perceived sexual orientation; and 

6 (iii) any other information that the 

7 Judicial Conference of the United States 

8 determines is relevant. 

9 (2) REPORT.—Not later than 18 months after 

10 the date of enactment of this Act, the Judicial Con11 ference of the United States shall submit to Con12 gress a report on the study conducted under para13 graph (1). 

14 (b) ADMINISTRATIVE OFFICE OF THE UNITED

15 STATES COURTS.—Not later than 1 year after the date 

16 of enactment of this Act, the Administrative Office of the 

17 United States Courts shall conduct a study and submit 

18 to Congress recommendations resulting from the study on 

19 how to ensure that calculations of future earning potential 

20 of plaintiffs that take into account age and disability with21 out conflicting with Federal equal protection laws. 

22 SEC. 6. TRAINING. 

23 The Federal Judicial Center shall conduct training 

24 for Federal judges on how to implement this Act, includVerDate Sep 11 2014 15:37 Feb 24, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6758.IH H6758

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1 ing instructions on how to use tables on future earnings 

2 in evidence that comply with this Act. 

Æ 


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