Casten Introduces Legislation Banning Inequitable Calculations of Civil Damages
Washington, D.C. – Today, U.S. Representative Sean Casten (IL-06) introduced legislation that prohibits the consideration of race, ethnicity, gender, religion, or actual or perceived sexual orientation when calculating damages in civil lawsuits. The Fair Calculations in Civil Damages Act prevents courts from determining that the victim of a crime should be awarded less in damages on the basis of their race, ethnicity, gender, religion, or actual or perceived sexual orientation. The bill outlaws discriminatory damage calculations in federal courts and helps to make the legal system more just and equal. Bill text can be found here.
The legislation is cosponsored by Chairman Steve Cohen (TN-09) and Reps. Sheila Jackson-Lee (TX-18), Val Demings (FL-10), André Carson (IN-07), Joe Neguse (CO-02), and Ted Lieu (CA-33).
Concerning studies and news reports have shown that state and federal courtrooms across the country consider race, ethnicity, and gender when calculating damages. According to the reports, 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 a low and unfair appraisal of damages.
"It is unacceptable that our courts 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 born of racism and sexism. This must end. I'm proud to introduce the Fair Calculations Act to outlaw disriminatory damage calculations in federal courts. All Americans deserve justice in our civil courts, and this bill takes a major step in the right direction."
"By ending discriminatory calculations of civil damages and recognizing the inherent value of every life, the Fair Calculations in Civil Damages Act will help make civil justice in America fairer and more equitable for everyone," said American Association for Justice CEO Linda Lipsen.
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