Employment Discrimination Economic Damages Expert in Kentucky

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

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

Kentucky courts and expert standards

Kentucky trial judges act as gatekeepers for expert testimony and ask whether the method is reliable, whether it has been tested and accepted in the profession, and whether it fits the facts of the case, with the witness qualified by training and experience. A damages report meets that inquiry by stating its assumptions and naming the data behind each one.

Where these cases are heard

Highest court: Kentucky Supreme Court. Federal venues: E.D. Ky., W.D. Ky. Court system: kycourts.gov.

Damages framework

Kentucky applies pure comparative fault in a negligence-based claim, reducing the award in proportion to the plaintiff's share. Prejudgment interest follows as of right on a liquidated sum and is discretionary on unliquidated damages. Economic damages are not subject to a general statutory limit, and the report separates the sums that were due from the amounts that had to be projected so counsel can apply whichever interest rule governs.

How the analysis is built

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

Frequently asked: employment discrimination cases in Kentucky

Which Kentucky courts hear employment discrimination cases?

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

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

Kentucky applies pure comparative fault in a negligence-based claim, reducing the award in proportion to the plaintiff's share. Prejudgment interest follows as of right on a liquidated sum and is discretionary on unliquidated damages. Economic damages are not subject to a general statutory limit, and the report separates the sums that were due from the amounts that had to be projected so counsel can apply whichever interest rule governs. Kentucky trial judges act as gatekeepers for expert testimony and ask whether the method is reliable, whether it has been tested and accepted in the profession, and whether it fits the facts of the case, with the witness qualified by training and experience. A damages report meets that inquiry by stating its assumptions and naming the data behind each one.

More questions about employment discrimination analysis

References

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