Frank Farrell, an
employee for Tri-County Metropolitan Transportation District (TriMet) of
Oregon, was denied time off under the federal Family and Medical Leave Act (FMLA)
for medical reasons stemming from diabetes and a range of other medical
disorders. Farrell sued TriMet, claiming the denials violated the FMLA and caused
him emotional distress, including anxiety and depression. A jury awarded
Farrell $1,110 in lost wages for the additional work time Farrell lost because
of the emotional distress. TriMet admitted it violated the FMLA by denying
leave, but appealed the verdict on the grounds that FMLA doesn’t permit an
award of emotional distress damages.
But the Ninth Circuit
has now upheld the jury award.1 Even though emotional distress damages aren’t an available FMLA
remedy, compensation for lost work time is. Thus, the court ruled, a jury award
for lost wages because of emotional distress was proper: “The jury’s verdict
was limited to wages actually lost as a result of TriMet’s FMLA violation, and
thus, the award was not ‘a back-door means of recovery for psychic injuries.’”
1 Farrell v. Tri-County Metropolitan Transportation District of