Monday, June 7, 2010
Public Employment - Front pay award, as proxy for reinstatement, was equitable remedy, under FMLA, to be determined by court rather than jury.
Traxler v. Multnomah County, (C.A.9 (Or.)) March 3, 2010:
In a matter of first impression, the Ninth Circuit joined the Fourth, Fifth, and Tenth Circuits, in holding that front pay awarded under the Family Medical Leave Act (FMLA) was an equitable remedy that must be determined by the district court, both as to the availability of the remedy and the amount of any award. The district court's $267,000 front pay award in lieu of reinstatement, representing almost three years of a county employee's salary and benefits or nearly four years of her salary, rather than $1,551,000 awarded by the jury, was supported by both the court's reasoning and substantial evidence.
Mitchell H. Rubinstein