,,ii  #aafth ,,congress  #ast ,session  
,s4 #beab  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,september #ai1
 #bjai,mr4 ,booker 7for himself and     
,mrs4 ,gillibrand7 introduced the       
following bill2 which was read twice and
 referred to the ,committee on the      
,judiciary  ,a ,,bill  ,to prohibit a   
court from awarding damages based on    
race1 ethnicity1 gender1 religion1 or   
actual or perceived sexual orientation1 
and for other purposes4  #a4 ,short     
title ,this ,act may be cited as the    
,fair ,calculations in ,civil ,damages  
,act of #bjai4  #b4 ,definitions ,in    
this ,act-- 7#a7 the term future        
earnings table includes any table or    
compilation of economic data used to    
determine--  7,a7 how many years an     
individual would have worked in the     
future2 or  7,b7 the average wage an    
individual would have earned in the     
future2 and  7#b7 the term protected    
class means a group of individuals      
sharing a common characteristic or      

identity who are legally protected      
against discrimination4  #c4            
,calculations of damages  7a7 ,in       
general ,notwithstanding any other      
provision of law1 no court of the       
,united ,states may award damages to a  
plaintiff in a civil action using a     
calculation for the projected future    
earning potential of that plaintiff that
 takes into account the race1 ethnicity1
 gender1 religion1 or actual or         
perceived sexual orientation of the     
plaintiff4  7b7 ,rule of construction   
,nothing in this section shall be       
construed to deny a court from ordering 
damages based on the fact that the      
plaintiff is a member of a protected    
class or for the purposes of ,federal   
civil rights laws4  #d4 ,inclusive      
future earnings tables ,not later than  
#ahj days after the date of enactment of
 this ,act-- 7#a7 the ,secretary of     
,labor shall develop guidance for       
forensic economists to develop inclusive
 future earnings tables that do not rely

 on race1 ethnicity1 gender1 religion1  
or actual or perceived sexual           
orientation2 and  7#b7 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 race1 ethnicity1 gender1   
religion1 or actual or perceived sexual 
orientation4  #e4 ,study and report  7a7
 ,judicial ,conference of the ,united   
,states  7#a7 ,in general ,not later    
than #a year after the date of enactment
 of this ,act1 the ,judicial ,conference
 of the ,united ,states shall conduct a 
study on--  7,a7 damages awarded under  
,federal law for personal injury2 and   
7,b7 the aggregate data described in    
paragraph 7#a7--  7i7 by case type1     
including employment discrimination and 
tort damages2  7ii7 by protected        
classes1 including race1 ethnicity1     
gender1 religion1 and actual or         
perceived sexual orientation2 and  7iii7
 any other information that the         

,judicial ,conference of the ,united    
,states determines is relevant4  7#b7   
,report ,not later than #ah months after
 the date of enactment of this ,act1 the
 ,judicial ,conference of the ,united   
,states shall submit to ,congress a     
report on the study conducted under     
paragraph 7#a74  7b7 ,administrative    
,office of the ,united ,states ,courts  
,not later than #a year after the date  
of enactment of this ,act1 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    
without conflicting with ,federal equal 
protection laws4  #f4 ,training ,the    
,federal ,judicial ,center shall conduct
 training for ,federal judges on how to 
implement this ,act1 including          
instructions on how to use tables on    
future earnings in evidence that comply 

with this ,act4