In litigation matters involving allegations of employment discrimination and sexual harassment, estimating the Plaintiff’s economic damages may be a particularly complex process. In such cases, the expert often must address the potential short term and long-term impact of the allegations on the Plaintiff’s estimated economic damages. This presentation will cover various issues that may come up in the estimation of Plaintiff’s but-for earnings and mitigating earnings, and how the expert may work with medical doctors and vocational experts to address the potential impact of the alleged discrimination and harassment and to provide a reasonable estimate of Plaintiff’s economic damages with adequate support. Given the recent change to the Federal Rule of Evidence 702, which clarifies the standards that the federal courts should apply to qualifications of expert opinions, having documented support for assumptions made in the calculation of economic losses has become even more important.
Learning Objectives
- Upon completion of this course, you'll be able to:
- Examine the complexities of estimating but-for and mitigating earnings in employment discrimination and sexual harassment litigation.
- Evaluate the collaborative role of medical and vocational experts in supporting economic damages calculations.
- Apply the revised Federal Rule of Evidence 702 to ensure expert opinions on economic losses are well-supported and admissible in court.
Major Topics
- Estimating but-for and mitigating earnings in employment discrimination and sexual harassment litigation.
- Collaborative role of medical and vocational experts in supporting economic damages calculations.
- Federal Rule of Evidence 702 to ensure expert opinions on economic losses are well-supported and admissible in court.
