Equal Remedies Act of 2026
- Sponsor
- Rep. Bonamici, Suzanne [D-OR-1]
- Committees
- Judiciary Committee (primary)
- Last action
- Jun 3, 2026
Bottom line
The bill significantly broadens the legal recourse for victims of discrimination, particularly age discrimination, by allowing for compensatory and punitive damages and ensuring jury trials, thereby aligning remedies across major federal anti-discrimination statutes.
What it actually does
This bill, the 'Equal Remedies Act of 2026,' expands the types and amounts of damages available in federal civil rights discrimination cases by amending Section 1977A of the Revised Statutes to remove caps on compensatory damages for non-pecuniary losses and explicitly guarantee jury trials. Crucially, it amends the Age Discrimination in Employment Act of 1967 (ADEA) to provide the same legal and equitable relief, including compensatory and punitive damages, that is available under Title VII of the Civil Rights Act of 1964.
Proponents argue
Proponents argue that this bill is essential for ensuring equal justice under the law, as it eliminates disparities in remedies available to victims of different forms of discrimination. They contend that it strengthens anti-discrimination laws by providing meaningful and comprehensive remedies for harm, including emotional distress and other non-pecuniary losses, which serves as a stronger deterrent against discriminatory practices.
Opponents contend
Opponents may contend that expanding compensatory and punitive damages, especially for age discrimination, could lead to an increase in litigation, higher costs for employers, and potentially frivolous lawsuits. They might argue that such changes could create an undue burden on businesses and public sector employers, potentially discouraging hiring or retention of older workers due to increased perceived liability.
The bill is very short and straightforward, making it highly accessible for a reader to understand its core provisions and implications.
Section 2(1), amending 42 U.S.C. 1981a(b)(3)
Expansion of Compensatory Damages for Discrimination Claims
This provision amends Section 1977A of the Revised Statutes, which governs damages in cases of intentional discrimination under various civil rights laws. It expands the definition of compensatory damages to explicitly include 'past and future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other non-pecuniary losses.' This change removes any existing caps on these types of damages for claims covered by this section, allowing for full compensation for a broader range of harms.
Supporters argue
Supporters argue that this amendment ensures victims of intentional discrimination receive full and fair compensation for all damages incurred, including non-economic harms like emotional pain, which are often significant. They contend that removing damage caps aligns remedies with the severity of the harm and provides a stronger deterrent against discriminatory practices.
Critics contend
Critics might argue that removing damage caps could lead to excessive jury awards, increasing litigation costs and the financial burden on employers. They may express concerns about the subjective nature of non-pecuniary damages and the potential for inflated claims.
Tradeoffs
The provision balances the goal of fully compensating victims for harm against concerns about potentially excessive financial burdens on employers and the broader economy. It also addresses the tension between judicial discretion in awarding damages and the need for predictability in legal outcomes.
Section 2(2), amending 42 U.S.C. 1981a(c)
Guaranteed Jury Trial for Discrimination Claims
This provision amends Section 1977A of the Revised Statutes to explicitly state that 'any party may demand a jury trial' in cases brought under this section. This clarifies and reinforces the right to a jury trial for intentional discrimination claims, ensuring that either the plaintiff or defendant can request a jury to decide the facts and award damages.
Section 3, amending 29 U.S.C. 626(b) (ADEA)
Extension of Title VII Remedies to Age Discrimination Cases
This section significantly amends the Age Discrimination in Employment Act of 1967 (ADEA) to align its remedies with those available under Title VII of the Civil Rights Act of 1964. It replaces existing language regarding ADEA remedies with a direct reference to the powers, remedies, and procedures of Title VII. This means that victims of age discrimination will now be able to seek a full range of legal and equitable relief, including compensatory damages (for emotional pain, suffering, etc.) and punitive damages, which were previously largely unavailable under ADEA, where remedies were typically limited to back pay and liquidated damages.