§1

C.2A:53A-5.1 and

Note to

N.J.S.2A:31-5

 

P.L. 2021, CHAPTER 405, approved January 18, 2022

Senate, No. 3594 (Second Reprint)

 

 

An Act concerning the calculations of certain damages in civil actions and supplementing Title 2A of the New Jersey Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

      1.  a.  In 1[a] any1 civil action arising from personal injury or wrongful death,2[1civil rights violation, employment violation, or any other substantially similar harm,1 ]2 any estimations, measures, or calculations of 2[past, present, or future]2 damages for lost earnings or impaired earning capacity shall not be reduced because of 1[race, ethnicity, or gender] 2[any class, trait, or characteristic protected] race, ethnicity, gender, gender identity or expression, or affectional or sexual orientation, as those terms are defined or interpreted2 under the “Law Against Discrimination,” P.L.1945, c.169 (C.10:5-1 et seq.)1.

     b.    In any such civil action, 2[any reduction] determination2 of damages 2shall not be2 based upon statistical tables alone 2[shall be deemed to be against the public policy of this State]2 1unless agreed to by all parties in the civil action1.

 

     2.    This act shall take effect immediately 1and shall apply only to civil actions commenced on or after the effective date of this act1.

 

 

                                

 

     Provides that in personal injury or wrongful death lawsuits, calculations of lost or impaired earnings capacity not be reduced because of race, ethnicity, gender identity or expression, or affectional or sexual orientation.