LOPEZ v. ARAMARK UNIFORM AND CAREER APPAREL HERIBERTO LOPEZ, Plaintiff and Appellant, v. ARAMARK UNIFORM AND CAREER APPAREL, Defendants and Respondents. * INTRODUCTION Plaintiff Heriberto Lopez appeals from a judgment entered in favor of defendant Aramark Uniform and Career Apparel, LLC (Aramark) after an order granting Aramark's motion for summary judgment on Lopez's complaint alleging disability-related employment claims under the California Fair Employment and Housing Act (Gov. Code, § 12940 et seq. )To accommodate Lopez, Aramark granted him a leave of absence, which Aramark extended several times for over a year. In a letter dated July 16, 2008, Smith informed Lopez that because there were no jobs available that Lopez was able to perform, Lopez had declined Aramark's offer to remain on leave, Lopez had requested termination if Aramark could not place him in a distribution job immediately, and Lopez had been unable to return to work after a lengthy absence, Aramark had no choice but to view Lopez as having resigned. Finally, Lopez contends that there were triable issues of material fact regarding whether Aramark fulfilled its duty reasonably to accommodate Lopez, whether Aramark engaged in the interactive process in good faith, and whether Aramark discharged Lopez in retaliation for his seeking accommodation for his disability.

Download full case here.