Only damages issues remain to be determined. A prevailing complainant is presumptively entitled to reinstatement to the job lost because of unlawful discrimination. However, in the instant case, Complainant testified that she had moved from the town where Respondent is located. She does not appear to want reinstatement. Therefore, reinstatement is not recommended.
Complainant does desire, and is entitled to receive, an award of backpay.
Complainant testified that she did not obtain another job until July of 1994, about a year and a half after her constructive discharge. Backpay liability ends at that time because the job Complainant obtained at that time paid her at least as much as she had earned with Respondent. The backpay award should be reduced by the amount of unemployment compensation Complainant received. However, if she is required to repay any part of those benefits, Respondent should be required to reimburse her for the amount of the repayment. That is the recommended backpay award.