Equal Remedies Act of 2026
- Sponsor
- Sen. Markey, Edward J. [D-MA]
- Committees
- Health, Education, Labor, and Pensions Committee (primary)
- Last action
- Jun 8, 2026
Bottom line
The bill expands the types and amounts of damages available to plaintiffs in federal employment discrimination cases, particularly for age discrimination and other forms of intentional discrimination.
What it actually does
This bill, the 'Equal Remedies Act of 2026,' seeks to equalize the types of damages available in federal employment discrimination lawsuits. It removes caps on compensatory damages for intentional discrimination under 42 U.S.C. 1981a (which applies to Title VII and ADA cases) and expands the remedies available under the Age Discrimination in Employment Act (ADEA) to include compensatory and punitive damages, aligning them with those available under Title VII.
Proponents argue
Proponents argue that the bill is essential to ensure victims of age discrimination and other forms of intentional discrimination receive full and fair compensation for their losses, including emotional pain and suffering. They contend that current disparities in remedies based on the type of discrimination are unjust and that uncapped damages will serve as a stronger deterrent against discriminatory practices by employers.
Opponents contend
Opponents might argue that expanding compensatory and punitive damages, especially uncapped, would significantly increase litigation costs and financial burdens on businesses, potentially leading to job losses or reduced hiring, particularly for small businesses. They may also express concerns about the potential for frivolous lawsuits and the difficulty of quantifying non-pecuniary damages, leading to unpredictable outcomes.
The bill is very short and clear, making it accessible for a quick read and understanding of its core provisions.
Section 2(1), page 1, lines 15-19
Removal of Caps on Compensatory Damages
This provision amends Section 1977A(b)(3) of the Revised Statutes (42 U.S.C. 1981a) to remove existing caps on compensatory damages. It specifies that compensatory damages are available for 'past and future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses,' without any stated limits. This change primarily affects cases of intentional discrimination under Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Rehabilitation Act.
Supporters argue
Supporters argue that removing damage caps ensures that victims of discrimination can be fully compensated for all their losses, including non-economic harms like emotional distress, which are often substantial. They contend that current caps are arbitrary and undermine the goal of making victims whole.
Critics contend
Critics might argue that uncapped damages introduce significant financial uncertainty for employers, making it harder to predict and manage legal risks. They may also contend that such changes could lead to excessive awards and encourage more litigation, potentially harming economic growth and job creation.
Tradeoffs
The provision balances the desire to provide full compensation to discrimination victims against concerns about increased financial burdens and unpredictable liability for employers.
Section 2(2), page 1, lines 20-23
Clarification of Jury Trial Rights
This section amends 42 U.S.C. 1981a(c) to explicitly state that 'any party may demand a jury trial' in cases where compensatory or punitive damages are sought. While the right to a jury trial generally exists when such damages are available, this amendment simplifies the language and reinforces this right, ensuring clarity for litigants.
Section 3, page 2, lines 1-20
Expansion of Remedies for Age Discrimination
This provision significantly amends Section 7(b) of the Age Discrimination in Employment Act of 1967 (ADEA) to align its available remedies with those under Title VII of the Civil Rights Act of 1964. Specifically, it grants the Equal Employment Opportunity Commission (EEOC), the Attorney General, or any person alleging age discrimination access to 'any type of legal or equitable relief available for an unlawful employment practice under title VII of the Civil Rights Act of 1964.' This means victims of age discrimination could now seek compensatory damages (e.g., for emotional distress) and punitive damages, which were previously unavailable under the ADEA.