Employment Discrimination Economic Damages Expert in Arkansas

By Christopher Skerritt, M.Ed., MBA, Chief of Economic Services · Published · Reviewed

KW Economics prepares economic damages analyses for employment discrimination cases venued in Arkansas: the components the loss claim consists of, the records that drive them, and a present value built to Arkansas's damages rules and venues. Plaintiff and defense.

An employment discrimination economic claim measures the gap between the compensation the employee would have received absent the adverse action and the compensation actually received, as back pay, front pay, and lost benefits net of mitigation. Read the full employment discrimination analysis guide.

Arkansas courts and expert standards

Arkansas trial courts act as gatekeepers and ask whether the economist's method is reliable, whether it has been tested and accepted in the profession, and whether it fits the facts of the case, with qualification resting on training and experience. A report that states its assumptions and cites its data sources answers those questions on its face.

Where these cases are heard

Highest court: Arkansas Supreme Court. Federal venues: E.D. Ark., W.D. Ark. Court system: courts.arkansas.gov.

Damages framework

Arkansas reduces a negligence-based award by the plaintiff's share of fault and bars recovery only when that share equals or exceeds the defendants', and the state constitution bars limits on the amount recoverable for injury or death. Prejudgment interest is available where the amount of the loss was determinable at the time of the injury, which favors a liquidated contract sum over a projected loss. No general statutory limit applies to economic damages, and the report separates the components that were determinable at the time of the loss from those that had to be projected.

How the analysis is built

The same four steps apply to an employment discrimination case venued in Arkansas; the damages framework above decides which components enter the total.

  1. Reconstruct the but-for compensation path from the employee's history and the employer's pay practices, including raises, bonus patterns, and benefit accruals.
  2. Compare that path with actual post-action earnings year by year, crediting mitigation from the employee's records or from local wage and unemployment duration data.
  3. Project front pay over the period the record supports for reaching comparable employment, with the loss shown at alternative durations.
  4. Separate back pay, front pay, and benefits, discount the future amounts to present value, and supply the schedule counsel needs for prejudgment interest.

Attorney guides for employment discrimination cases

Other case types in Arkansas

Frequently asked: employment discrimination cases in Arkansas

Which Arkansas courts hear employment discrimination cases?

Employment Discrimination cases venued in Arkansas are heard in the Circuit Court (General jurisdiction; civil, criminal, domestic, probate, and juvenile matters). Final appeals run to the Arkansas Supreme Court. Matters within federal jurisdiction proceed in the United States District Courts for the Eastern District of Arkansas and Western District of Arkansas.

How does Arkansas's damages framework shape the economic analysis?

Arkansas reduces a negligence-based award by the plaintiff's share of fault and bars recovery only when that share equals or exceeds the defendants', and the state constitution bars limits on the amount recoverable for injury or death. Prejudgment interest is available where the amount of the loss was determinable at the time of the injury, which favors a liquidated contract sum over a projected loss. No general statutory limit applies to economic damages, and the report separates the components that were determinable at the time of the loss from those that had to be projected. Arkansas trial courts act as gatekeepers and ask whether the economist's method is reliable, whether it has been tested and accepted in the profession, and whether it fits the facts of the case, with qualification resting on training and experience. A report that states its assumptions and cites its data sources answers those questions on its face.

More questions about employment discrimination analysis

References

Request a consultation on employment discrimination cases in Arkansas or call (201) 343-0700. Plaintiff and defense counsel.