On March 31, 2022, a Kentucky jury unanimously awarded $450,000 to an employee, who was terminated following two panic attacks the employee suffered at work. The jury concluded the employee’s anxiety disorder was a disability and that the employee suffered an adverse action because of his disability.
Brief Background
In Berling v. Gravity Diagnostics, LLC, No. 19-CI-01631 (Kenton County, Kentucky), the employee told his office manager a few days before his birthday that he did not want the office to host a birthday celebration for him due to his anxiety disorder; however, the office manager inadvertently did not relay the employee’s request to the birthday party coordinator. On the day of the employee’s birthday, he discovered a birthday party had been arranged for him in the break room, which triggered a panic attack that forced the employee to leave the office suddenly. The next day, the employee’s supervisor and director of business operations confronted the employee about his reaction to the birthday party, where the employee began suffering from another panic attack and was sent home from work. Three days later, the employer terminated the employee, citing concerns that other employees had been frightened for their safety when the employee suffered the panic attacks.
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