In 2019, a Kentucky man experienced a panic attack after his employer threw him a workplace birthday party against his wishes and fired him for his reaction.
Last month, a jury awarded him $450,000 in damages.
In October 2018, Kevin Berling, who lives with an anxiety disorder, told his manager at Gravity Diagnostics, a medical laboratory in Covington, Ky., that he did not want his birthday celebrated at work because it would cause him significant stress.
The company forgot about his request and held a surprise party five days later, according to the lawsuit. This caused Berling to have an anxiety attack. The next day, he met with his managers to discuss the situation and had another panic attack. He was told to leave work afterward.
"They started giving [Berling] a pretty hard time for his response to the birthday celebration, actually accusing him of stealing his co-workers' joy," Tony Bucher, Berling's lawyer, told TV news outlet WKRC.
In an e-mail three days later, Gravity Diagnostics fired him over concerns that he posed a threat to his co-workers' safety. Berling had never received a negative performance review nor had he been disciplined by the company prior to his termination, according to court documents.
Berling sued the employer for disability discrimination and retaliation.
On March 31, jurors concluded that Berling experienced an adverse employment action because of a disability. The jury awarded him $150,000 in lost wages and benefits as well as $300,000 for...
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