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When plaintiffs prevail in a discrimination case, a major component of thecalculation of economic loss is the length of time they would have been in thehigher position had they been treated fairly during the period in which theemployer practiced discrimination. This problem is complicated by the fact thatone's eligibility for promotion is subject to termination by retirement andboth the promotion and retirement processes may be affected by discriminatorypractices. This semi-competing risk setup is decomposed into a retirementprocess and a promotion process among the employees. Predictions for thepurpose of compensation are made by utilizing the expected promotion andretirement probabilities of similarly qualified members of the nondiscriminatedgroup. The restricted mean durations of three periods are estimated - the timean employee would be at the lower position, at the higher level and inretirement. The asymptotic properties of the estimators are presented andexamined through simulation studies. The proposed restricted mean job durationestimators are shown to be robust in the presence of an independent frailtyterm. Data from the reverse discrimination case, Alexander v. Milwaukee, whereWhite-male lieutenants were discriminated in promotion to captain arereanalyzed. While the appellate court upheld liability, it reversed theoriginal damage calculations, which heavily depended on the time a plaintiffwould have been in each position. The results obtained by the proposed methodare compared to those made at the first trial. Substantial differences in bothdirections are observed.

Estimating restricted mean job tenures in semi-competing risk data compensating victims of discrimination