Farrell

Appellant Tri-County Metropolitan Transportation District of Oregon (“TriMet”) appeals a trial verdict in favor of Appellee Frank Farrell (“Farrell”) awarding him $1,110.00 in lost wages under the Family Medical Leave Act (the “FMLA”). TriMet presents a single issue on appeal: Whether the FMLA allows a plaintiff to recover damages for absences from work that were caused by an emotional condition that itself resulted from the employer’s wrongful denial of FMLA leave. We affirm.

Background

Only a few facts are relevant to our inquiry. Farrell began working for TriMet in 1996. During a pre-employment examination, Farrell learned that he had diabetes. By 2001, Farrell also suffered from eczema, chronic obstructive pulmonary disease, asthma, emphysema and/or chronic bronchitis. In September 2003, pursuant to the FMLA, Farrell repeatedly requested permission to be absent from work as a result of his medical conditions. TriMet denied several of his requests and, shortly thereafter, Farrell was diagnosed with an adjustment disorder, anxiety and depression.

Farrell sued TriMet under the FMLA, the Americans with Disabilities Act of 1990, the Oregon Family Leave Act (“OFLA”), and the…