Thomas sued his former employer for racial, sexual, and national origin discrimination in violation of two civil rights laws. During pretrial negotiations, the employer offered Thomas his job back "without prejudice," meaning that it would not affect some of his claims in the lawsuit, such as for mental distress, but if he returned to work, he could not claim he was owed back wages from the date from which he could have started working. Thomas refused the offer. The employer asserted that it should have the right to present testimony to the jury about its offer that was rejected. Thomas said that the negotiations were completely confidential and there could be no testimony. Who was right? [Thomas v. Resort Health Related Facility, 539 F.Supp. 630, E.D.N.Y. (1982)]