Employment Discrimination Economic Damages Expert in Wisconsin

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

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

Wisconsin courts and expert standards

Wisconsin courts screen expert testimony for reliability: the judge asks whether the economist is qualified, whether the opinion rests on sufficient facts and reliable principles and methods, and whether those methods were reliably applied to the case. An economic damages report is written to that inquiry, with each rate and table traced to a published source.

Where these cases are heard

Highest court: Wisconsin Supreme Court. Federal venues: E.D. Wis., W.D. Wis. Court system: wicourts.gov.

Damages framework

Wisconsin reduces a negligence-based award by the plaintiff's share of fault and bars recovery once that share exceeds the defendant's. Interest on a liquidated contract sum runs from the date it was due, while interest on a tort verdict that beats a rejected statutory offer of settlement runs from the date of the offer. Economic damages are not subject to a general statutory limit outside specific statutory claims, 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 Wisconsin; 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 Wisconsin

Frequently asked: employment discrimination cases in Wisconsin

Which Wisconsin courts hear employment discrimination cases?

Employment Discrimination cases venued in Wisconsin are heard in the Circuit Court (General jurisdiction; one in each of 72 counties; all civil, criminal, family, and probate matters). Final appeals run to the Wisconsin Supreme Court. Matters within federal jurisdiction proceed in the United States District Courts for the Eastern District of Wisconsin and Western District of Wisconsin.

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

Wisconsin reduces a negligence-based award by the plaintiff's share of fault and bars recovery once that share exceeds the defendant's. Interest on a liquidated contract sum runs from the date it was due, while interest on a tort verdict that beats a rejected statutory offer of settlement runs from the date of the offer. Economic damages are not subject to a general statutory limit outside specific statutory claims, 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. Wisconsin courts screen expert testimony for reliability: the judge asks whether the economist is qualified, whether the opinion rests on sufficient facts and reliable principles and methods, and whether those methods were reliably applied to the case. An economic damages report is written to that inquiry, with each rate and table traced to a published source.

More questions about employment discrimination analysis

References

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