Rep. Mia Love, (R) UT and Rep. Joe Kennedy III (D) MA, along with U.S. Sens. Cory Booker (D-NJ) and Kirsten Gillibrand (D-NY), introduced legislation to address the widespread practice of using discriminatory tactics when calculating future earnings potential in personal injury cases and claims.
The Fair Calculations in Civil Damages Act of 2016, would address the concerning practice of using race, ethnicity and gender to predict future lost income – a key factor in determining overall damages.
Rep. Love said, “As a conservative, I believe the value of a life should not be either elevated or downgraded based on a person’s inherent characteristics, like race or gender. The courts should be above using race or gender in any way in determining awards in civil cases. The Declaration of Independence reads: ‘We hold these truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness.’ In introducing this bill, I am doing what I swore to do, supporting and defending the Constitution and the principles enshrined in the Declaration of Independence of the United States.”
The Fair Calculations Act would begin to address these troubling trends by precluding a court from awarding damages based on race, ethnicity, gender, religion, or actual or perceived sexual orientation.