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.
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