FMLA Doesn't Provide For 'Back Door' Emotional Injuries Award



Posted: Monday, July 07, 2008

by
MMC Inc.

In a June 27, 2008 published decision, Farrell v. Tri-Met, the 9th Circuit heard and affirmed a decision awarding employee money damages based on an employer's repeated failure to approve time-off requests, which allegedly resulted in the employee suffering emotional injuries.   In Farrell, bus driver Frank Farrell suffered from diabetes, eczema, asthma, chronic bronchitis and emphysema.  In connection with these medical conditions, Farrell repeatedly sought time off, which his employer did not always grant.  Farrell argued that the repeated denials not only violated his rights under the Family Medical Leave Act ("FMLA") but caused Farrell to develop an anxiety and depression disorder.  

When Farrell successfully brought a civil action against his employer for damages related to FMLA violations, he was awarded $1,110 by a jury.  Although the award was relatively minor, his employer Tri-Met appealed.  Tri-Met argued that Farrell was not entitled to a monetary award because Congress never intended for FMLA to provide employees with an award for emotional injuries or to punish employers by enabling punitive damages to employees.  (Ordinarily, civil plaintiffs with emotional injuries must establish a connection between emotional harm which manifests in actual medical injuries, and a civil wrongdoing, which Farrell failed to establish.) 

The appellate court agreed with Tri-Met.  While Congress did not contemplate FMLA as providing awards for emotional damages in connection with FMLA violations, or to punish employers for violating employee rights, Farrell was entitled to an award for actual damages suffered.  Because the Court reasoned that the jury based its award to Farrell on actual wages lost as a result of Tri-Met's repeated denials, the Ninth Circuit affirmed the jury's award.  Thus Tri-Met was required to pay Farrell's damages. 

The Farrell decision highlights the importance of employers' compliance with federal, state and local leave laws.  A failure to comply with labor and employment laws protecting employee rights exposes businesses unnecessarily to civil lawsuits, attorney's fees, and poor press. 

Crystal M. O'Brien, Esq. serves as MMC's Employment Law Manager/Corporate Counsel. After receiving a double-degree in psychology and sociology from Oberlin College in 1988, Ms. O'Brien earned a workers' compensation insurance claims adjusting license in 1991. She completed post-graduate studies in Human Resources Management at Portland State University's Graduate School of Urban & Public Affairs from 1996-1998 and earned a Juris Doctorate and Certificate in Dispute Resolution from Willamette University College of Law in 2001. Immediately following law school, Ms. O'Brien served as a judicial clerk to the Honorable Faith Ireland (ret.) of the Washington State Supreme Court. She is licensed to practice law in California Washington as well as before U.S. District Courts in each state. Collectively, Ms. O'Brien has 19 years of litigation experience.

To view her complete bio click here.

www.MMChr.com

This Article has been viewed 579 times. (Not updated in real-time.)
No comments yet.
We want your comments! If you can read this, you don't have javascript enabled, so you can't use this comment system. Please enable javascript.