Employment Discrimination Economic Damages Expert in Illinois

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

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

Illinois courts and expert standards

Illinois courts ask whether the methodology behind an expert opinion is generally accepted in the relevant professional community, and separately whether the economist is qualified by training and experience and applied the method to the facts of the case. Forensic economic methods for lost earnings, worklife, and present value are published and long used, so the examination usually turns on the inputs and their support in the record.

Where these cases are heard

Highest court: Illinois Supreme Court. Federal venues: N.D. Ill., C.D. Ill., S.D. Ill. Court system: illinoiscourts.gov.

Damages framework

Illinois reduces a negligence-based award by the plaintiff's share of fault and bars recovery once that share exceeds half. Prejudgment interest on a personal injury or wrongful death award runs from the filing of the action, and interest on a written instrument or a liquidated contract sum runs at the statutory rate from the date it was due. Economic damages are not subject to a general statutory limit, so the report states each loss as of a fixed date and 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 Illinois; 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 Illinois

Frequently asked: employment discrimination cases in Illinois

Which Illinois courts hear employment discrimination cases?

Employment Discrimination cases venued in Illinois are heard in the Circuit Court (General jurisdiction; 25 judicial circuits across the state, including the Circuit Court of Cook County). Final appeals run to the Illinois Supreme Court. Matters within federal jurisdiction proceed in the United States District Courts for the Northern District of Illinois, Central District of Illinois, and Southern District of Illinois.

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

Illinois reduces a negligence-based award by the plaintiff's share of fault and bars recovery once that share exceeds half. Prejudgment interest on a personal injury or wrongful death award runs from the filing of the action, and interest on a written instrument or a liquidated contract sum runs at the statutory rate from the date it was due. Economic damages are not subject to a general statutory limit, so the report states each loss as of a fixed date and separates past from future amounts so the interest computation can follow. Illinois courts ask whether the methodology behind an expert opinion is generally accepted in the relevant professional community, and separately whether the economist is qualified by training and experience and applied the method to the facts of the case. Forensic economic methods for lost earnings, worklife, and present value are published and long used, so the examination usually turns on the inputs and their support in the record.

More questions about employment discrimination analysis

References

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