On Oct. 7, 2015, plaintiff Jesse Chavarria, a detention officer at the Imperial Regional Detention Center, which houses U.S. Immigration and Customs Enforcement detainees and is operated by Management & Training Corp., was terminated from his position. Chavarria claimed he was fired because of work restrictions from a prior on-the-job injury. Chavarria sued Management & Training Corp., alleging that MTC’s actions constituted disability discrimination in violation of California’s Fair Employment and Housing Act, failure to accommodate, failure to engage in the interactive process, intentional infliction of emotional distress and wrongful termination in violation of public policy. Chavarria claimed that prior to his employment with MTC, he suffered an injury to his left shoulder and pectoral muscle while restraining a detainee at another detention facility. He continued to work for several years until early 2015, when he claimed he still had pain in his left arm and shoulder, and was diagnosed with a muscle tear. Chavarria took a leave of absence until Sept. 15, 2015. After his doctor issued a work restriction of “no repetitive, forceful or heavy pushing or pulling with the left upper extremity,” he sought to return to work in his position or another position at the MTC facility. However, he claimed MTC failed to accommodate his disability. Chavarria claimed that instead of providing him with any accommodations or talking to him about accommodations, he was terminated from his position. He alleged he could perform his job with or without accommodations, but MTC failed to engage in the interactive process to determine potential accommodations and wrongfully terminated him because of his disability. Defense counsel argued that Chavarria was terminated because he was no longer able to perform the essential functions of his position at MTC with or without an accommodation. Counsel noted that a medical report dated Sept. 17, 2015 stated, “Mr. Chavarria is unable to return to his usual and customary occupation.” Defense counsel further argued that all vacancies at the facility were reviewed to determine whether Chavarria could be moved into an alternative position, but that there were no positions that Chavarria was qualified for that he could perform with or without reasonable accommodation., Chavarria claimed he suffers from a loss of wages as a result of his termination. He alleged that despite conducting a diligent job search, he was out of work for approximately two years. Chavarria also claimed he suffered severe emotional distress as a result of being fired. The plaintiff’s psychologist testified on Chavarria’s behalf, but no specific dollar amount was requested. Chavarria sought recovery of approximately $200,000 for his past loss of wages and benefits and between $202,000 and $889,000 for his future lost wages and benefits, depending on the length of time he remains unemployed. He also sought recovery of non-economic damages for his emotional pain and suffering. In addition, he sought recovery of punitive damages. Defense counsel argued that Chavarria was not entitled to recover any amount for his alleged emotional distress, given that Chavarria had not sought or received any counseling or other treatment between the date of termination and trial, other than one or two visits with the plaintiff’s expert witness.