Only 4.25 of the requested hours represent work of a level of difficulty which justifies compensation. Respondent also maintains that all other parts of Complainant's requested relief should be denied. Although a prevailing complainant is presumptively entitled to reinstatement to the position lost due to unlawful discrimination, that is not an appropriate form of relief in the instant case. Complainant is now working at a job which is more lucrative than his job with Respondent. Moreover, Respondent has sold the operation for which Complainant worked, so Respondent no longer has the power to reinstate him.
Complainant is, however, entitled to an award of backpay.
There is some limited documentation of Complainant's rate of pay, and that documentation favors Respondent's position on this issue. In addition, Respondent's position is supported by testimony on the company's practices regarding pay raises. Complainant has only his memory in support of his position. He could not even produce a pay stub for support. Complainant was discharged on August 11, 1986.