A Kentucky man won a US$450,000 lawsuit after suing the company that worked for a surprise birthday party.
Kevin Berling says he previously warned his boss that such an event would trigger stress and anxiety.
According to the plaintiff, the unwanted 2019 birthday party at Gravity Diagnostics caused him a series of panic attacks.
The company denied any wrongdoing.
According to the lawsuit filed in Kenton County, Kentucky, Berling — who suffers from anxiety disorders — asked his manager not to celebrate his birthday at work as employees normally do, as it could result in a panic attack and would bring back uncomfortable childhood memories.
Despite Berling’s request, the company, which specializes in Covid-19 testing, threw him a surprise party in August 2019, triggering a panic attack. He quickly left the party and finished his lunch in his car.
The suit notes that Berling was “confronted and criticized” at a meeting the following day, when he was accused of “ruining the joy of co-workers” and “being a sissy”.
The tense meeting, he claims, triggered a second panic attack. He stayed at home for the next few days.
On August 11, Gravity Diagnostics fired him, citing workplace safety concerns.
Berling filed the suit saying the company discriminated against him because of a disability and that he was unfairly retaliated against for making the request.
After a two-day trial in late March, the jury awarded Berling $450,000, including $300,000 for emotional distress and $150,000 without salary. lost.
The company’s chief operating officer, Julie Brazil, told local news channel Link NKY that Gravity Diagnostics stands by its decision to fire Berling.
According to Brazil, the former employee violated a “policy on workplace violence.”
“My employees were the victims in this case, not the plaintiff,” she said, adding that the company disputes the outcome and is considering filing an appeal.
no threat
Berling’s lawyer Tony Bucher told the BBC there was “absolutely no evidence” that he posed a threat to anyone at Gravity to justify his dismissal.
“He had a panic attack. That’s all. And because representatives from Gravity Diagnostics didn’t understand his panic response and were nervous about his response, they assumed he was a threat,” Bucher said.
“Assuming that people with mental health problems are dangerous without any evidence of violent behavior is discriminatory.”
Data from the National Alliance on Mental Illness group shows that more than 40 million Americans — nearly 20% of the population — suffer from anxiety disorders.
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