Sen. Markey Introduces Bill to Remove Limits on Payouts for Workplace Discrimination Lawsuits
The Equal Remedies Act of 2026 is currently in the Senate Committee on Health, Education, Labor, and Pensions. It has not moved since June 8, 2026, and the committee must decide whether to hold a vote on the bill. Most bills do not receive a committee vote, so this proposal remains stalled.
This proposal has been introduced in several past sessions without moving forward. It faces significant opposition from business groups concerned about the cost of unlimited legal damages.
This bill’s path across every version that has carried it.
Scores run from -100 (strongly harmful) to +100 (strongly beneficial) for each group, combining impact, certainty, scope, and duration ratings of 1-5. How impact scoring works
Small business owners could face greater financial exposure from discrimination lawsuits. The current caps were designed partly to protect smaller employers from enormous judgments. Removing those caps means even smaller companies could face unlimited compensatory damage awards, though the bill's practical impact depends on whether lawsuits are filed against them.
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Sent to a congressional committee for expert review. The committee decides whether this bill moves forward.
Introduced in Senate
The bill was officially filed and given a number. It now enters the legislative queue.
Lawmakers and advocates are renewing a push to eliminate decades-old statutory caps on the damages workers can recover in federal employment discrimination cases. The Equal Remedies Act aims to end the $300,000 limit for large employers and align age discrimination remedies with Title VII.
The article discusses the evolving scope of Title VII and mentions legislative efforts like the Equal Remedies Act, which would provide for compensatory damages without caps and modernize the Age Discrimination in Employment Act (ADEA) to match other civil rights protections.
No votes recorded for this bill yet.
Document Type
Congressional Bill
Official Title
Equal Remedies Act of 2026
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