There may also be longer-term residual impacts to the plaintiff’s earning capacity as a result of her delayed entry to the teaching profession, or whatever alternative profession she chooses to pursue. For example, the plaintiff may be delayed in accruing seniority rights due to her delayed entry into the workforce. There also is a real possibility that the plaintiff will continue to require accommodation in the workplace on an indefinite basis which may render her less attractive overall as an employee. Brown v. Golaiy instructs that such impacts, even if difficult to quantify, should be accounted for in the damage assessment process. However, they should not be accounted for through an award that assumes a near-total loss of income over 30 years. The plaintiff’s approach to assessing loss of future earning capacity – assuming a lifetime income loss with minimal deduction for residual capacity – overstates her loss.
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