Employment Discrimination Economic Damages Expert in Maine

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

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

Maine courts and expert standards

Maine courts ask whether the economist is qualified by training and experience, whether the opinion rests on a reliable foundation, and whether it will help the fact finder, under the state's own reliability inquiry. A damages report meets that inquiry by showing the published basis for each assumption and its fit with the record.

Where these cases are heard

Highest court: Maine Supreme Judicial Court. Federal venues: D. Me. Court system: courts.maine.gov.

Damages framework

Maine reduces a negligence-based award by the plaintiff's share of fault and bars recovery once that share equals or exceeds the defendants'. Prejudgment interest runs from the filing of the notice of claim or the complaint in civil actions generally, liquidated or not, so the interval between filing and judgment is part of the economic picture. Economic damages are not subject to a general statutory limit, 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 Maine; 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 Maine

Frequently asked: employment discrimination cases in Maine

Which Maine courts hear employment discrimination cases?

Employment Discrimination cases venued in Maine are heard in the Superior Court (General jurisdiction; civil cases, jury trials in major criminal cases). Final appeals run to the Maine Supreme Judicial Court. Matters within federal jurisdiction proceed in the United States District Court for the District of Maine.

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

Maine reduces a negligence-based award by the plaintiff's share of fault and bars recovery once that share equals or exceeds the defendants'. Prejudgment interest runs from the filing of the notice of claim or the complaint in civil actions generally, liquidated or not, so the interval between filing and judgment is part of the economic picture. Economic damages are not subject to a general statutory limit, and the report separates past from future amounts so the interest computation can follow. Maine courts ask whether the economist is qualified by training and experience, whether the opinion rests on a reliable foundation, and whether it will help the fact finder, under the state's own reliability inquiry. A damages report meets that inquiry by showing the published basis for each assumption and its fit with the record.

More questions about employment discrimination analysis

References

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