S. 2190 — Fair Calculations in Civil Damages Act of 2025

This section defines, for purposes of the Act, (1) **future earnings table** as any table or compilation of economic data used to determine, taking into account median earnings in a geographic region, (A) the number of years an individual would have worked in the future or (B) the average wage an individual would have earned in the future; and (2) **protected class** as a group of individuals sharing a common characteristic or identity who are legally protected against discrimination.

This section prohibits federal courts from awarding damages in civil actions using calculations of a plaintiff's projected future earning potential that account for the plaintiff's actual or perceived race, ethnicity, or sex (including gender, gender identity, sexual orientation, and sex characteristics including intersex traits). This section does not preclude courts from awarding damages based on a plaintiff's membership in a protected class or under federal civil rights laws.

This section directs the Secretary of Labor, not later than 180 days after the date of enactment, (1) to develop guidance for forensic economists on developing inclusive future earnings tables that do not rely on race, ethnicity, gender, or actual or perceived sexual orientation; and (2) jointly with the Attorney General, to develop guidance for states on calculating future earnings in state tort proceedings free of bias based on actual or perceived race, ethnicity, and sex (including gender, gender identity, sexual orientation, and sex characteristics including intersex traits).

This section directs the Judicial Conference of the United States to conduct a study on damages awarded under federal law for personal injury—including aggregate data by case type (e.g., employment discrimination and tort damages) and by protected classes (e.g., actual or perceived race, ethnicity, and sex including gender, gender identity, sexual orientation, and sex characteristics including intersex traits)—and to submit a report to Congress not later than 18 months after enactment. It also directs the Administrative Office of the United States Courts to conduct a study and submit recommendations to Congress not later than one year after enactment on calculating plaintiffs' future earning potential to account for age and disability without conflicting with federal equal protection laws.

This section directs the Federal Judicial Center to conduct training for federal judges on implementing this Act, including instructions on using tables on future earnings in evidence that comply with this Act.