As a result of that order, there is no question of liability to be decided. The only issues concern damages. A prevailing complainant is presumptively entitled to reinstatement to the position lost due to unlawful discrimination. There is nothing in the record to indicate that reinstatement is not practicable, and Complainant is currently unemployed. Therefore, reinstatement is recommended.
Complainant also is entitled to an award of backpay.
Complainant's only income since his discharge has been in the form of Social Security payments. Because Complainant is still unemployed, Respondent's backpay liability continues to accrue. The backpay award should increase by that amount until Respondent offers Complainant reinstatement. Complainant has had to wait a substantial amount of time to receive the relief to which he is entitled. To make him whole, it is necessary to award him prejudgment interest.