,,ii  #aaith ,,congress  #ast ,session  
,s4 #baij  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,june #bf      
7legislative day1 ,june #bd71 #bjbe,mr4 
,booker 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 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 #bjbe4  #b4            
,definitions ,in this ,act-- 7#a7 the   
term future earnings table includes any 
table or compilation of economic data   
used to determine1 taking into account  
the median earnings in a geographic     
region-- 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 actual or       
perceived race1 ethnicity1 or sex       
7including gender1 gender identity1     
sexual orientation1 and sex             
characteristics including intersex      
traits74  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 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 actual or perceived race1  
ethnicity1 and sex 7including gender1   
gender identity1 sexual orientation1 and
 sex characteristics including intersex 
traits74  #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 and  7ii7 by protected    
classes1 including actual or perceived  
race1 ethnicity1 and sex 7including     
gender1 gender identity1 sexual         
orientation1 and sex characteristics    
including intersex traits74  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