Casten, Booker Reintroduce Legislation Banning Inequitable Calculations of Civil Damages
Washington, D.C. — 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 to prohibit the consideration of race, ethnicity, gender, or actual or perceived sexual orientation when calculating damages in civil lawsuits.
"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.”
“Nobody should be granted lower civil damages because of their gender, race, ethnicity, or sexual orientation,” said Senator Booker. “However, studies show that women and people of color often receive less in damages in comparison to their white, male counterparts. The Fair Calculations in Civil Damages Act will work to ensure equal justice under the law by banning discriminatory practices that prevent victims in civil cases from receiving fair compensation.”
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 makes our legal system more just and equal by outlawing discriminatory damage calculations in federal courts and preventing courts from determining that victims in civil cases should be awarded less in damages on the basis of their actual or perceived race, ethnicity, sex, gender, or sexual orientation.
This bill is endorsed by the American Association for Justice and Equal Justice Under Law.
This bill is cosponsored by Del. Eleanor Holmes Norton.
Full text of the bill can be found here.
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