Can An Expert Define And Determine What Constitutes Discrimination?

In employment discrimination cases, the parties often retain experts to opine about various aspects of the case. An expert may provide, for example, insight as to job performance issues or, in many instances, determine the nature and scope of an employee's alleged damages. But can an expert determine if the employer's conduct constituted "discrimination"? The court in Tudor v. Macomb County, unpublished opinion per curiam of the Michigan Court of Appeals, issued Sep. 19, 2024 (Docket No. 362691), answered that question with a resounding "no."

In Tudor, the plaintiff worked for the defendant employer as a pretrial specialist. During her time there, she worked for a supervisor who was eleven years younger. The supervisor would routinely ask younger, less experienced individuals to assist with tasks instead of the plaintiff. The supervisor would also reject plaintiff's suggestions during staff meetings and accept those of younger staff members instead. The supervisor