On July 19, 2018, plaintiff Terry Sullivan, a black maintenance worker in his 40s, injured a knee while on the job at NuSil Technology, LLC, a maker of silicone technology. He claimed he was immediately allowed to take sit down duty for several months after the incident. On Sept. 24, 2018, Sullivan underwent knee surgery. He then went out on medical leave in November 2019. However, Sullivan claimed that NuSil Technology did not allow him to return to work. Sullivan sued NuSil Technology, LLC, and one of his supervisors, Israel Arevalo. Sullivan alleged that the defendants’ actions constituted disability discrimination and racial discrimination under the Fair Employment and Housing Act. He also alleged that the defendants failed to accommodate him and failure to engage in the interactive process after the surgery. Sullivan claimed that he was subjected to derogatory racial comments from his co-workers in the workplace and that NuSil Technology knew about the situation. He also claimed that he faced further discrimination based on his race and disability after he injured his knee. Sullivan alleged that he asked to come back to work in 2019, after his surgery and subsequent medical leave, and that he asked to be accommodated because of his knee issue, but that NuSil Technology did not allow him to return to work. Defense counsel denied that there were any racial comments made by Sullivan’s co-workers or that NuSil Technology knew about any such alleged comments. Counsel also contended that Sullivan never asked to return to work after his surgery and that Sullivan never told anyone that he wanted to come back to work. Counsel further contended that Sullivan never asked for any accommodations for his knee after the surgery. Defense counsel argued that, instead, the company discussed with Sullivan whether he could return to work and that Sullivan indicated that he was unable to return. During the trial, defense counsel asked the judge to dismiss Arevalo based on a lack of evidence. Judge Thomas Clark agreed, and he dismissed Arevalo before the case went to the jury., Sullivan claimed he heard numerous racial comments from his co-workers and that he suffers from emotional distress because of those comments and his treatment by NuSil Technology. He also claimed that he was unable to find a job that paid him what NuSil Techology paid. Sullivan sought recovery for his past and future lost wages, and for his emotional pain and suffering.