Relates to the determination of damages in a civil action arising from personal injury or wrongful death; provides that damages shall not be reduced because of age, race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or status as a victim of domestic violence; provides that damages shall not be based on statistical tables unless agreed to by all parties.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5379 Revised 4/29/2025
SPONSOR: Bores TITLE OF BILL:
An act to amend the civil practice law and rules, in relation to the
determination of damages in a civil action arising from personal injury
or wrongful death
PURPOSE OR GENERAL IDEA OF BILL:
To prevent the reduction of damages for lost earnings or impaired earn-
ing capacity because of race, creed, color, national origin, religion,
sexual orientation, gender identity or expression, sex, familial status,
marital status, or status as a victim of domestic violence in calcu-
lations of judgments.
SUMMARY OF PROVISIONS:
Section one: Provide a short title.
Section two: Prohibits the reduction of damages for lost earnings or
impaired earning capacity because of race, creed, color, national
origin, religion, sexual orientation, gender identity or expression,
sex, familial status, marital status, or status as a victim of domestic
violence.
Section three: Establishes the effective date.
JUSTIFICATION:
A discriminatory disparity exists in how civil damage awards are calcu-
lated by the court system, consistently hurting women and minorities. In
court calculations of lost earnings payout-say, from an injury on the
job or a wrongful death-the algorithm used takes into account projected
career earnings. Seems reasonable enough, but it often leads to discri-
minatory outcomes.
In calculating future earnings, the algorithm takes account of factors
such as "race" and "gender." These considerations, due to systemic
injustices, lead to reductions in projected wages. The gender wage gap,
for example, is well documented and consistently shows that women tend
to make less than men for similar work. This unfortunate reality is a
problem to be solved, not one that should be codified into our court
systems.
The problem is widespread. According to a survey by the National Associ-
ation of Forensic Economics, about one-half of economists said they
consider race, while more than 90% consider gender when projecting earn-
ing potential for an injured person in a civil lawsuit resulting in
inadequate damages reflective of and stemming from discriminatory prac-
tices.
Based on a New Jersey bill, this bill would forbid the reduction of
damages due to the calculation of any factor protected in New York Human
Rights Law.
PRIOR LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to civil actions
commenced on or after such effective date.
STATE OF NEW YORK
________________________________________________________________________
5379
2025-2026 Regular Sessions
IN ASSEMBLY
February 13, 2025
___________
Introduced by M. of A. BORES -- read once and referred to the Committee
on Codes
AN ACT to amend the civil practice law and rules, in relation to the
determination of damages in a civil action arising from personal inju-
ry or wrongful death
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "protect-
2 ing rights in civil earnings determinations (P.R.I.C.E.D) act".
3 § 2. The civil practice law and rules is amended by adding a new
4 section 5022 to read as follows:
5 § 5022. Determination of damages. 1. In any civil action arising from
6 personal injury or wrongful death, any estimations, measures, or calcu-
7 lations of damages for lost earnings or impaired earning capacity shall
8 not be reduced because of age, race, creed, color, national origin,
9 citizenship or immigration status, sexual orientation, gender identity
10 or expression, military status, sex, disability, predisposing genetic
11 characteristics, familial status, marital status, or status as a victim
12 of domestic violence.
13 2. In any civil action arising from personal injury or wrongful death,
14 any reduction of damages shall not be based upon statistical tables
15 alone.
16 § 3. This act shall take effect immediately and shall apply to civil
17 actions commenced on or after such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07970-01-5
