Casten, Booker Introduce Legislation Banning Inequitable Calculations of Civil Damages
Washington, D.C. (July 27th, 2023) - Today, U.S. Representative Sean Casten (D-IL-06) and U.S. Senator Cory Booker (D-NJ) introduced the Fair Calculations in Civil Damages Act, legislation that would make our legal system more just and equal by prohibiting the consideration of race, ethnicity, gender, religion, or actual or perceived sexual orientation when calculating damages in civil lawsuits.
Concerning studies and news reports have shown that state and federal courtrooms across the country consider race, ethnicity, and gender when calculating damages. Courts often award women and people of color significantly less than white men even in comparable civil cases. In these instances, a person of color may, for example, be presumed to have less lifetime earning potential than a similarly situated white counterpart, leading to the low and unfair appraisal of damages. The Fair Calculations in Civil Damages Act outlaws discriminatory damage calculations in federal courts and prevents courts from determining that victims in civil cases should be awarded less in damages on the basis of their race, ethnicity, gender, religion, or actual or perceived sexual orientation.
"It is unacceptable that our courts often award less in damages to women and people of color than white men in comparable civil cases,” said Congressman Casten. "In doing so, our courts are declaring that some Americans' lives are worth less based on lifetime earning potential statistics borne of racism and sexism. I'm proud to join Senator Booker in introducing the Fair Calculations Act to outlaw discriminatory damage calculations in federal courts. This bill takes a major step in ensuring justice and equity in our civil courts.”
“Alarming studies show that minorities and women are granted lower civil damages than white men in comparable cases,” said Sen. Booker. “That is an affront to the ideal of ‘equal justice under the law’ that we strive for in this nation. The Fair Calculations in Civil Damages Act will level the playing field by banning these discriminatory practices, ensuring that victims in civil cases receive fair compensation regardless of their race, ethnicity, gender, or sexual orientation.”
Full text of the bill can be found here.
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