1 The 1992
amendments to the ERA do not apply to this case because the complaint was filed prior to 1992.
2 Doyle was
hired to work during an outage, or period of shutdown of the nuclear unit. He would have worked
at the D.C. Cook plant as a "nonlocal" decontamination technician, and would have
received a per diem payment to cover the cost of housing and food.
3 It was not
possible to order Respondent to hire Doyle because Hydro's successor "no longer employs
decontamination technicians and does not have any positions for which Doyle qualifies."
Consequently we ordered front pay in lieu of reinstatement. 1996 ARB Dec. at 7.
4 There is
no dispute concerning the calculation of the compensatory damages awarded in the 1996 decision.
5 We find
support for this position in Suggs v. Servicemaster Educ. Food Mgmt., 72 F.3d 1228,
1231 (6th Cir. 1996), in which the District Court found that the plaintiff's discharge violated Title
VII of the Civil Rights Act of 1964, ordered back pay until the conclusion of the trial,
reinstatement, and also a "additional back pay from the conclusion of the trial through the
effective date of an offer of reinstatement." The Sixth Circuit recognized that the
"additional back pay" actually was front pay, and that it was improper to order both
front pay and reinstatement. Accordingly, the Sixth Circuit remanded the award of
"additional back pay" to the District Court for clarification, 72 F.3d at 1234, and
stated that "[i]nasmuch as the district court's award of back pay was appropriate . . . and
[the defendant] did not obtain a stay of the court's order to reinstate [the plaintiff], the award of
back pay can continue to run through the date of the district court's additional findings [on
remand], less what [the plaintiff] has earned in substitute employment since the end of trial."
72 F.3d at 1235.
6 If the ALJ
determines that the back pay cutoff was September 6, 1996, he ALJ shall not apply a discount rate
to front pay for the period after September 6, 1996 and prior to the issuance of the ALJ's
supplemental recommended decision and order on back pay and front pay.