Lopez v. La Casa de Las Madres, 2023 WL 2534998 (Cal. Ct. App. 2023)

Gabriela Lopez worked as shelter manager for a non-profit organization that provides services to women and children who are victims of domestic violence. In September 2016, Lopez gave birth to a child; by December 17, 2016, Lopez had received the full four months of pregnancy-disability leave required by statute, including the concurrently running 12 weeks of baby-bonding leave. Lopez then submitted a work-status report from Kaiser which stated that Lopez should not return to work before January 14, 2017. Lopez later submitted another form signed by a “social worker at Kaiser specializing in mental health” stating that Lopez was suffering from a disability that necessitated two modifications to her work duties for an “unknown” period: (1) time off to allow Lopez to continue mental health treatment (group and individual therapy); and (2) flexible/shortened workdays if Lopez “finds the nature of the work or stress of the work overwhelming and triggering of severe anxiety/depressive symptoms.” La Casa notified Lopez that it was unable to accommodate the limitations proposed by her social worker and instead offered to briefly extend her leave and upon her return to work to temporarily assign her to a data entry specialist position. After Lopez failed to timely submit further information about her alleged disability, La Casa sent her a letter stating that La Casa considered Lopez to have “elected to discontinue her employment.”

Following a bench trial, the trial court found that Lopez failed to carry her burden of proving that she had a condition related to pregnancy; could perform the essential functions of the job; and was denied a reasonable accommodation. The trial court also determined that Lopez had failed to prove La Casa had discriminated against her based on a disability because she did not prove that she was otherwise qualified to perform the shelter manager job, given her need to avoid stressful duties. The Court of Appeal affirmed judgment in favor of La Casa.

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Photo of Tony Oncidi Tony Oncidi

Anthony J. Oncidi is the co-chair of the Labor & Employment Law Department and heads the West Coast Labor & Employment group in the firm’s Los Angeles office.

Tony represents employers and management in all aspects of labor relations and employment law, including…

Anthony J. Oncidi is the co-chair of the Labor & Employment Law Department and heads the West Coast Labor & Employment group in the firm’s Los Angeles office.

Tony represents employers and management in all aspects of labor relations and employment law, including litigation and preventive counseling, wage and hour matters, including class actions, wrongful termination, employee discipline, Title VII and the California Fair Employment and Housing Act, executive employment contract disputes, sexual harassment training and investigations, workplace violence, drug testing and privacy issues, Sarbanes-Oxley claims and employee raiding and trade secret protection. A substantial portion of Tony’s practice involves the defense of employers in large class actions, employment discrimination, harassment and wrongful termination litigation in state and federal court as well as arbitration proceedings, including FINRA matters.

Tony is recognized as a leading lawyer by such highly respected publications and organizations as the Los Angeles Daily JournalThe Hollywood Reporter, and Chambers USA, which gives him the highest possible rating (“Band 1”) for Labor & Employment.  According to Chambers USA, clients say Tony is “brilliant at what he does… He is even keeled, has a high emotional IQ, is a great legal writer and orator, and never gives up.” Other clients report:  “Tony has an outstanding reputation” and he is “smart, cost effective and appropriately aggressive.” Tony is hailed as “outstanding,” particularly for his “ability to merge top-shelf lawyerly advice with pragmatic business acumen.” He is highly respected in the industry, with other commentators lauding him as a “phenomenal strategist” and “one of the top employment litigators in the country.”

“Tony is the author of the treatise titled Employment Discrimination Depositions (Juris Pub’g 2020; www.jurispub.com), co-author of Proskauer on Privacy (PLI 2020), and, since 1990, has been a regular columnist for the official publication of the Labor and Employment Law Section of the State Bar of California and the Los Angeles Daily Journal.

Tony has been a featured guest on Fox 11 News and CBS News in Los Angeles. He has been interviewed and quoted by leading national media outlets such as The National Law JournalBloomberg News, The New York Times, and Newsweek and Time magazines. Tony is a frequent speaker on employment law topics for large and small groups of employers and their counsel, including the Society for Human Resource Management (“SHRM”), PIHRA, the National CLE Conference, National Business Institute, the Employment Round Table of Southern California (Board Member), the Council on Education in Management, the Institute for Corporate Counsel, the State Bar of California, the California Continuing Education of the Bar Program and the Los Angeles and Beverly Hills Bar Associations. He has testified as an expert witness regarding wage and hour issues as well as the California Fair Employment and Housing Act and has served as a faculty member of the National Employment Law Institute. He has served as an arbitrator in an employment discrimination matter.

Tony is an appointed Hearing Examiner for the Los Angeles Police Commission Board of Rights and has served as an Adjunct Professor of Law and a guest lecturer at USC Law School and a guest lecturer at UCLA Law School.