[PackerBoy]

The reason why the judge gets to decide is because reinstatement is an equitable remedy, which only judges can award. Juries award legal remedies, such as money (lost wages). The judge will only consider awarding reinstatement if the jury finds that the plaintiff was wrongfully terminated.

If the jury finds in the plaintiff's favor, and the judge finds that reinstatement is not appropriate, the judge may award the plaintiff future pay -- lost wages extending sometime into the future.

Too bad the jury cannot order Churchill banished to a deserted island with no phone or internet.

[Redcitizen]

So long as he doesn’t get banished to a reservation. ;) I wouldn’t want him.