Facts

Plaintiff Lynne Obacz was employed by Catholic Healthcare West (now known as Dignity Health) dba Northridge Hospital Medical Center (NHMC) in the Behavioral Health Department from January 2001 to March 31 2011. Plaintiff alleged that she suffered a catastrophic facial/cranial injury when she was 11 years old, which resulted in life-long brain trauma and learning disabilities relating in part to the taking of timed written examinations. As a result, she never successfully obtained a Marriage and Family Therapist license despite numerous alleged attempts at the examination.

On March 31, 2011, Plaintiff was laid off from her employment as a social worker (marriage and family therapist) allegedly due to her lack of licensure.

Plaintiff brought this action against Defendants based on wrongful termination, breach of implied covenant of good faith and fair dealing, retaliation, disability discrimination, failure to accommodate, failure to engage in the interactive process, and intentional and negligent infliction of emotional distress.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that she had issues due to her disability, which required accommodation in obtaining proper licensure. She claimed that Defendants did not accommodate her disability and failed to engage in a full interactive process.

Plaintiff also claimed that she wrongfully terminated in violation of FEHA and due to various health and safety concerns or complaints she made internally and externally during her employment.

Plaintiff alleged to have suffered significant emotional distress, which has rendered her unable to work now or at any time in the future.

DEFENDANT'S CONTENTIONS:
Defendants claimed that individuals who practice social work or marriage and family therapy are required to be properly licensed pursuant to statute and regulation.

Defendants alleged that Plaintiff was afforded nine years to take and pass the LMFT examination. She was told she had one year to obtain licensure during her March 26, 2010 performance evaluation. Over the next year, she made no effort to do so. In March 2011, after deliberation, Defendants decided that Plaintiff would have to be laid off due to lack of work and lack of any suitable alternate open position if she had not obtained her license. She had not, so her employment with NHMC was ended.

Defendants also alleged that Plaintiff did not raise any purported medical issues or disability until after the decision to separate her from her employment was made. Defendants engaged in the interactive process and attempted to find a suitable non-licensed position to no avail. Plaintiff did not provide any note from any doctor or her treating psychiatrist despite having the opportunity to do so.

Defendants alleged they were not aware of the alleged complaints regarding the FEHA or health and safety violations, and did not base their decision to lay-off Plaintiff on any such alleged issues. Defendants claimed their actions were legitimate, non-discriminatory, and non-retaliatory at all times.

Defendants disputed that they had engaged in any extreme or outrageous conduct and alleged that the exclusive remedies of the workers' compensation act preempted any such damages.

Settlement Discussions

The matter was unsuccessfully mediated before Lynne Bassis. Plaintiffs subsequently rejected defendants' CCP 998 offers to compromise and maintained a settlement position of mid-six figures.

Damages

Keith Obacz's claim for loss of consortium failed since Lynne Obacz's claims failed, on its own lack of merit, and due to workers' compensation preemption.

Result

Defendants' three motions for summary judgment were granted.

Other Information

FILING DATE: Aug. 17, 2011.