On Feb. 23, 2012, plaintiff David Millette, 60, a union carpenter, allegedly arrived at a job site, but was turned away by Triton Structural Concrete Inc. Millette claimed that he was terminated because he told both a worker at the site and the hiring manager at the main office that he had chronic medical conditions. Millette sued the company that allegedly dispatched him to the site, T.B. Penick & Sons Inc., and its subsidiary, the general contractor on the site, Triton Structural Concrete Inc. Millette alleged that the defendants’ actions constituted disability discrimination. Millette claimed that he was employed by T.B. Penick & Sons and that he was dispatched to a job on Feb. 23, 2012. However, he alleged that he was turned away at the job site by Triton Structural Concrete and was told that he was ineligible for employment, as he had not completed a mandatory safety and drug test within the last 90 days. He alleged that he had taken the safety test, drug screen, and physical, but that T.B. Penick & Sons had inadvertently dispatched him after his 90-day eligibility period had lapsed. As a result, Millette claimed that he should have been retested and sent back to the job site, but that he was not retested because he had told both a worker at the site and the hiring manager at the main office for T.B. Penick & Sons that he had chronic medical conditions, including HIV, Hepatitis C, and bipolar disorder. The defendants denied that Millette was an employee or that they had knowledge of Millette’s chronic medical conditions. Defense counsel contended that Millette had completed an orientation at Triton Structural Concrete, which included a safety test, drug screen and physical, and that Millette was paid for two hours of show-up time.Upon completion of the orientation, Millette was eligible to be sent to a job site for 90 days. However, defense counsel contended that once an individual takes the safety and physical test, they are not employed until they are dispatched. In addition, counsel contended that at the time Millette was allegedly sent to the job site, Millette’s eligibility for employment had already lapsed, so he could not be hired. However, counsel contended that no one at the job site recalled meeting Millette and that Triton Structural Concrete had no record of Millette being dispatched or arriving at the site. In addition, counsel noted that Millette did not sign in at the job site, as is protocol. As for Millette’s retesting claim, defense counsel argued that Millette could not be retested at that time because there were other union carpenters eligible for dispatch., Millette claimed that he suffered anxiety and depression as a result of the incident. Thus, he sought recovery of general damages for his pain and suffering. He also sought recovery of $263,000 for four years of lost wages.