Employment Discrimination Economic Damages Expert in Colorado

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

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

Colorado courts and expert standards

Colorado applies a liberal but reliability-based inquiry: the trial court asks whether the economist's principles are reasonably reliable, whether the witness is qualified to apply them, and whether the testimony will help the jury, without requiring general acceptance. A damages report meets that inquiry by showing the published basis for each assumption and its application to the record.

Where these cases are heard

Highest court: Colorado Supreme Court. Federal venues: D. Colo. Court system: courts.state.co.us.

Damages framework

Colorado reduces a negligence-based award by the plaintiff's share of fault and bars recovery once that share reaches half. Prejudgment interest runs on a personal injury award from the date the claim accrued and, on other claims, from the date the money was wrongfully withheld, so the interval between the loss and the judgment is part of the economic picture. Economic damages are not subject to a general statutory limit outside specific statutory claims, and the report separates past from future amounts so the interest computation can follow.

How the analysis is built

The same four steps apply to an employment discrimination case venued in Colorado; 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 Colorado

Frequently asked: employment discrimination cases in Colorado

Which Colorado courts hear employment discrimination cases?

Employment Discrimination cases venued in Colorado are heard in the District Court (General jurisdiction; larger civil cases, felonies, domestic relations, probate). Final appeals run to the Colorado Supreme Court. Matters within federal jurisdiction proceed in the United States District Court for the District of Colorado.

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

Colorado reduces a negligence-based award by the plaintiff's share of fault and bars recovery once that share reaches half. Prejudgment interest runs on a personal injury award from the date the claim accrued and, on other claims, from the date the money was wrongfully withheld, so the interval between the loss and the judgment is part of the economic picture. Economic damages are not subject to a general statutory limit outside specific statutory claims, and the report separates past from future amounts so the interest computation can follow. Colorado applies a liberal but reliability-based inquiry: the trial court asks whether the economist's principles are reasonably reliable, whether the witness is qualified to apply them, and whether the testimony will help the jury, without requiring general acceptance. A damages report meets that inquiry by showing the published basis for each assumption and its application to the record.

More questions about employment discrimination analysis

References

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