June 8, 2026
Mr. Markey introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions
To amend section 1977A of the Revised Statutes to equalize the remedies available under that section and to amend the Age Discrimination in Employment Act of 1967 to provide any legal or equitable relief available under title VII of the Civil Rights Act of 1964.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 1. Short title
This Act may be cited as the Equal Remedies Act of 2026
.
Sec. 2. Equalization of remedies
Section 1977A of the Revised Statutes (42 U.S.C. 1981a) is amended—
(1)
by amending (b)(3) to read as follows:
(3) Losses
Compensatory damages are available under this section for past and future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses.; and
(2)
in subsection (c), by striking section—
and all that follows through the period at the end, and inserting section, any party may demand a jury trial.
.
Sec. 3. Compensatory and punitive damages available for age discrimination
Section 7(b) of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 626(b)) is amended—
(1)
by striking (b) The
and all that follows through the third sentence and inserting the following:
(b)
(1)
Except as otherwise provided in another subsection of this section, or section 9, the powers, remedies, and procedures set forth in sections 705, 706, 707, 709, and 710 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–4, 2000e–5, 2000e–6, 2000e–8, and 2000e–9) shall be the powers, remedies, and procedures this Act provides to the Commission, to the Attorney General, or to any person alleging discrimination on the basis of age in violation of section 4 or 15, or regulations promulgated under section 9.;
(2)
in the second sentence of that subsection (b), as amended by paragraph (1)—
(A)
by striking In any
and inserting the following:
(2)
In any; and
(B)
by striking or enforcing the liability for amounts deemed to be unpaid minimum wages or unpaid overtime compensation under this section
and inserting and including any type of legal or equitable relief available for an unlawful employment practice under title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.)
; and
(3)
in the third sentence of that subsection (b), as amended by paragraph (1), by striking Before
and inserting the following:
(3)
Before