Employment Discrimination Economic Damages Expert in Pennsylvania

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

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

Pennsylvania courts and expert standards

Pennsylvania courts ask whether the methodology behind an expert opinion is generally accepted in the relevant professional community and whether the economist is qualified by training and experience to apply it. The methods of forensic economics for lost earnings, worklife, and present value are published and long used, so the examination of a damages report usually turns on its inputs and their support in the record.

Where these cases are heard

Highest court: Supreme Court of Pennsylvania. Federal venues: E.D. Pa., M.D. Pa., W.D. Pa. Court system: pacourts.us.

Damages framework

Pennsylvania reduces a negligence-based award by the plaintiff's share of fault and bars recovery once that share exceeds the combined fault of the defendants. Interest on a liquidated contract sum runs as of right from the date it was due, and the civil rules add delay damages to bodily injury and death awards. Economic damages are not subject to a general statutory limit, so the report states each loss as of a fixed date and separates the sums that were due from the amounts that had to be projected.

How the analysis is built

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

Experts serving Pennsylvania

Attorney guides for employment discrimination cases

Other case types in Pennsylvania

Frequently asked: employment discrimination cases in Pennsylvania

Which Pennsylvania courts hear employment discrimination cases?

Employment Discrimination cases venued in Pennsylvania are heard in the Court of Common Pleas (General jurisdiction; 60 judicial districts; civil, criminal, family, and orphans' court divisions). Final appeals run to the Supreme Court of Pennsylvania. Matters within federal jurisdiction proceed in the United States District Courts for the Eastern District of Pennsylvania, Middle District of Pennsylvania, and Western District of Pennsylvania.

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

Pennsylvania reduces a negligence-based award by the plaintiff's share of fault and bars recovery once that share exceeds the combined fault of the defendants. Interest on a liquidated contract sum runs as of right from the date it was due, and the civil rules add delay damages to bodily injury and death awards. Economic damages are not subject to a general statutory limit, so the report states each loss as of a fixed date and separates the sums that were due from the amounts that had to be projected. Pennsylvania courts ask whether the methodology behind an expert opinion is generally accepted in the relevant professional community and whether the economist is qualified by training and experience to apply it. The methods of forensic economics for lost earnings, worklife, and present value are published and long used, so the examination of a damages report usually turns on its inputs and their support in the record.

More questions about employment discrimination analysis

References

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