As a result, there are no liability issues to address. 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 stated at the damages hearing that she does not desire reinstatement. Therefore, reinstatement is not recommended.
Complainant does, though, desire an award of backpay.
She is entitled to such an award. Respondent is entitled to certain set-offs from that amount. Complainant has had several jobs since leaving Respondent. That amount must be subtracted from the amount of any award. Respondent is also entitled to a set-off for the amount of unemployment benefits Complainant received.