I 
116TH CONGRESS 
1ST SESSION H. R. 4418 
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 
SEPTEMBER 19, 2019 
Mr. KENNEDY (for himself and Mr. CASTEN of Illinois) 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fair Calculations in 
Civil Damages Act of 2019’’. 
SEC. 2. DEFINITIONS. 
In this Act— 
(1) the term ‘‘future earnings table’’ includes 
any table or compilation of economic data used to 
determine— 
VerDate Sep 11 2014 
20:31 Sep 23, 2019
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4418.IH
H4418
pamtmann on DSKBC07HB2PROD with BILLS
(A) how many years an individual would 
have worked in the future; or 
(B) the average wage an individual would 
have earned in the future; and 
(2) the term ‘‘protected class’’ means a group 
of individuals sharing a common characteristic or 
identity who are legally protected against discrimina-
tion. 
SEC. 3. CALCULATIONS OF DAMAGES. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, no court of the United States may award dam-
ages to a plaintiff in a civil action using a calculation for 
the projected future earning potential of that plaintiff that 
takes into account the race, ethnicity, gender, religion, or 
actual or perceived sexual orientation of the plaintiff. 
(b) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to deny a court from ordering dam-
ages based on the fact that the plaintiff is a member of 
a protected class or for the purposes of Federal civil rights 
laws. 
SEC. 4. INCLUSIVE FUTURE EARNINGS TABLES. 
Not later than 180 days after the date of enactment 
of this Act— 
(1) the Secretary of Labor shall develop guid-
ance for forensic economists to develop inclusive fu-
VerDate Sep 11 2014 
20:31 Sep 23, 2019
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4418.IH
H4418
pamtmann on DSKBC07HB2PROD with BILLS
ture earnings tables that do not rely on race, eth-
nicity, gender, religion, or actual or perceived sexual 
orientation; and 
(2) the Secretary of Labor and the Attorney 
General shall develop guidance for States on how to 
make calculations of future earnings in State tort 
proceedings free of bias on the basis of race, eth-
nicity, gender, religion, or actual or perceived sexual 
orientation. 
SEC. 5. STUDY AND REPORT. 
(a) JUDICIAL
CONFERENCE
OF
THE
UNITED 
STATES.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Judicial Con-
ference of the United States shall conduct a study 
on— 
(A) damages awarded under Federal law 
for personal injury; and 
(B) the aggregate data described in para-
graph (1)— 
(i) by case type, including employment 
discrimination and tort damages; 
(ii) by protected classes, including 
race, ethnicity, gender, religion, and actual 
or perceived sexual orientation; and 
VerDate Sep 11 2014 
20:31 Sep 23, 2019
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4418.IH
H4418
pamtmann on DSKBC07HB2PROD with BILLS
(iii) any other information that the 
Judicial Conference of the United States 
determines is relevant. 
(2) REPORT.—Not later than 18 months after 
the date of enactment of this Act, the Judicial Con-
ference of the United States shall submit to Con-
gress a report on the study conducted under para-
graph (1). 
(b) ADMINISTRATIVE
OFFICE
OF
THE
UNITED 
STATES COURTS.—Not later than 1 year after the date 
of enactment of this Act, the Administrative Office of the 
United States Courts shall conduct a study and submit 
to Congress recommendations resulting from the study on 
how to ensure that calculations of future earning potential 
of plaintiffs that take into account age and disability with-
out conflicting with Federal equal protection laws. 
SEC. 6. TRAINING. 
The Federal Judicial Center shall conduct training 
for Federal judges on how to implement this Act, includ-
ing instructions on how to use tables on future earnings 
in evidence that comply with this Act. 
Æ 
VerDate Sep 11 2014 
20:31 Sep 23, 2019
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\H4418.IH
H4418
pamtmann on DSKBC07HB2PROD with BILLS