Facts

Defendant Thermionics employed Plaintiff for over 15 years. Plaintiff was laid off as part of a general layoff of a number of employees. At the time he was laid off, Plaintiff informed defendant that he was HIV+ positive. Plaintiff thereafter sought to be rehired by Defendant. Defendant did not rehire Plaintiff because work for his position had not picked back up.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that he was terminated and refused to hire by Defendant because of his HIV+ medical condition.

DEFENDANT'S CONTENTIONS:
Defendant contended that it was unaware of Plaintiff's HIV+ medical condition when it decided to layoff Plaintiff. Defendant also contended that when it rehired a few employees it did so based on performance evaluations by supervisors and the two employees that were rehired for Plaintiff's position were rated as being more skilled than Plaintiff.

Defendant contended that Plaintiff's HIV+ medical condition played no part in its decision to either lay off the Plaintiff or to not rehire him. Defendant claimed that it had previously employed other employees who were HIV+ and they were treated fairly and accommodations were made to assist them in continuing to work.

Defendant also claimed that Plaintiff's request to be rehired was inconsistent with his having made a workers' compensation claim in which he claimed he was disabled during the same time he was asking to be rehired.

Specials in Evidence

$100,000 $100,000

Damages

Plaintiff claimed $400,000 in emotional distress damages.

Result

Defense on all claims.

Other Information

FILING DATE: Dec. 7, 2010.

Deliberation

one day

Poll

12-0 (wrongful termination), 9-3 (disabilitlity discrimination)

Length

six days