Employment Discrimination Economic Damages Expert in Maryland

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

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

Maryland courts and expert standards

Maryland courts now apply a reliability inquiry to all expert testimony: the trial judge asks whether the economist is qualified, whether the method is one the profession has tested and accepted, and whether it was reliably applied to the facts of the case. An economic damages report is written to that standard, with each rate and table traced to its source.

Where these cases are heard

Highest court: Supreme Court of Maryland. Federal venues: D. Md. Court system: courts.state.md.us.

Damages framework

Maryland retains contributory negligence, so in a negligence-based claim any fault on the plaintiff's part is a complete bar rather than a percentage reduction. Prejudgment interest is available as of right on a liquidated contract sum from the date it was due and generally not on unliquidated tort damages. A statutory limit applies to the noneconomic portion of most awards while economic damages are unlimited, so the economist's figure enters the case at its full present value, stated as of a fixed date.

How the analysis is built

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

Frequently asked: employment discrimination cases in Maryland

Which Maryland courts hear employment discrimination cases?

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

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

Maryland retains contributory negligence, so in a negligence-based claim any fault on the plaintiff's part is a complete bar rather than a percentage reduction. Prejudgment interest is available as of right on a liquidated contract sum from the date it was due and generally not on unliquidated tort damages. A statutory limit applies to the noneconomic portion of most awards while economic damages are unlimited, so the economist's figure enters the case at its full present value, stated as of a fixed date. Maryland courts now apply a reliability inquiry to all expert testimony: the trial judge asks whether the economist is qualified, whether the method is one the profession has tested and accepted, and whether it was reliably applied to the facts of the case. An economic damages report is written to that standard, with each rate and table traced to its source.

More questions about employment discrimination analysis

References

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