Obacz

INTRODUCTION

Plaintiffs Lynne Obacz and Keith Obacz1 appeal the trial court’s order granting summary adjudication as to Lynne’s Fair Employment and Housing Act (FEHA) causes of action for wrongful termination, failure to accommodate, and failure to engage in the interactive process, Lynne’s claims for intentional and negligent infliction of emotional distress, and Keith’s loss of consortium cause of action. Plaintiffs assert that triable issues of material fact exist as to whether Lynne’s employer, Defendant Catholic Healthcare West doing business as Northridge Hospital Medical Center (Northridge Hospital), and her two supervisors Defendants Susan Paulsen and Mayte Erikkson failed to accommodate her disability, discharged Lynne due to her disability, and harassed her because of her disability. We affirm the court’s summary adjudication because Defendants had no knowledge of Plaintiff’s disability until after they made the decision to discharge her, which is fatal to the FEHA causes of action. Plaintiffs’ remaining causes of action in tort are barred by the Worker’s Compensation Act exclusivity rule.

FACTS AND PROCEDURAL BACKGROUND

Lynne suffered a serious head injury as a child…