Employment Discrimination Economic Damages Expert in Texas

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

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

Texas courts and expert standards

Texas trial courts act as gatekeepers for expert testimony and ask whether the economist is qualified, whether the method is reliable and accepted in the profession, and whether it was applied to the facts of the case rather than to assumptions the record does not support. A damages report meets that inquiry by stating each assumption and its source so the analytical gap the court looks for is not there.

Where these cases are heard

Highest court: Supreme Court of Texas. Federal venues: N.D. Tex., S.D. Tex., E.D. Tex., W.D. Tex. Court system: txcourts.gov.

Damages framework

Texas reduces a negligence-based award by the plaintiff's share of responsibility and bars recovery once that share exceeds half. Prejudgment interest accrues on past damages from a defined point after the defendant receives notice of the claim, in contract and tort alike, and is not awarded on future damages, so the report separates past from future amounts as of a fixed date. Statutory limits apply to noneconomic damages in health care liability claims while economic damages are unlimited, so the economist's figure enters the case at its full present value.

How the analysis is built

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

Frequently asked: employment discrimination cases in Texas

Which Texas courts hear employment discrimination cases?

Employment Discrimination cases venued in Texas are heard in the District Court (General jurisdiction; civil cases above the justice court threshold, felonies, domestic relations) and the County Court at Law (Statutory courts; mid-sized civil cases, misdemeanors). Final appeals run to the Supreme Court of Texas. Matters within federal jurisdiction proceed in the United States District Courts for the Northern District of Texas, Southern District of Texas, Eastern District of Texas, and Western District of Texas.

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

Texas reduces a negligence-based award by the plaintiff's share of responsibility and bars recovery once that share exceeds half. Prejudgment interest accrues on past damages from a defined point after the defendant receives notice of the claim, in contract and tort alike, and is not awarded on future damages, so the report separates past from future amounts as of a fixed date. Statutory limits apply to noneconomic damages in health care liability claims while economic damages are unlimited, so the economist's figure enters the case at its full present value. Texas trial courts act as gatekeepers for expert testimony and ask whether the economist is qualified, whether the method is reliable and accepted in the profession, and whether it was applied to the facts of the case rather than to assumptions the record does not support. A damages report meets that inquiry by stating each assumption and its source so the analytical gap the court looks for is not there.

More questions about employment discrimination analysis

References

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