A Kentucky man who was fired days after he had a panic attack at his workplace over an unwanted birthday party was awarded $450,000 by a jury last month for lost wages and emotional distress. The man, Kevin Berling, had been working at a medical laboratory, Gravity Diagnostics in Covington, Kentucky in the US, for about 10 months when he asked the office manager not to throw him a birthday party because he had an anxiety disorder, according to a lawsuit filed in Kentucky's Kenton County circuit court.
Mr Berling’s lawyer, Tony Bucher, said the party had been planned by other employees while the office manager was away and that the situation had quickly spiralled out of control. Mr Berling had a panic attack after he learned about the planned lunchtime celebration, which was to have included birthday wishes from colleagues and a banner decorating the break room. Mr Berling chose to spend his lunch break in his car instead.
The next day, Mr Berling had a panic attack in a meeting with two supervisors who confronted him about his “sombre behaviour,” Mr Bucher said. He was fired three days later in an email that suggested that Mr Berling posed a threat to his coworkers’ safety.
In a court filing, the company said it had fired Mr Berling because he was “violent” in the meeting and had scared the supervisors, who sent him home for the day, took his key fob and told security personnel that he was not allowed to return. A month after the meeting, in September 2019, Mr Berling sued the company for disability discrimination. After a two-day trial, a jury reached a verdict on March 31st, concluding that Mr Berling had experienced an adverse employment action because of a disability. Jurors awarded him almost €139,000 ($150,000) in lost wages and benefits and almost €278,000 ($300,000) for suffering, embarrassment and loss of self-esteem.
Verdict
The judge in the case has not yet entered a judgment regarding the verdict, which was reported by LINK nky, a local news website. John Maley, a lawyer for Gravity Diagnostics, said Saturday that the company would file post-trial motions challenging the verdict on legal grounds and asserting that one juror had violated court orders about obtaining information outside the trial.
Mr Maley said the case had not met the standard for a disability claim because Mr Berling had never disclosed his anxiety disorder to the company and had not met the legal threshold to qualify as having a disability. Mr Maley said the company had the right to fire Mr Berling – a lab technician whose employment status was at will, meaning he could be fired for any legal reason – because he had clenched his fists, his face had turned red, and he had ordered his supervisors to be quiet in the meeting, scaring them.
"They were absolutely in fear of physical harm during that moment," Julie Brazil, founder and chief operating officer of Gravity Diagnostics, said Saturday. "They both are still shaken about it today." Mr Bucher said the reaction the company had described was Mr Berling's effort to calm himself during a panic attack after one of the supervisors had criticised his reaction to the party. Mr Berling asked them to stop talking and used physical coping techniques, including a move that Mr Bucher described as having his fists closed but "up around his chest, sort of closed in, almost hugging himself." Mr Berling was sent home for the rest of the workday and for the next day. At home a couple of hours after the meeting, he texted one of the supervisors to apologise for his panic attack, according to the complaint. Before that week, Mr Bucher said, Mr Berling had received "outstanding" monthly reviews. The company said he had never received a negative review nor had he been disciplined, according to court documents. Mr Berling is happy in his new job at a school, Mr Bucher said, and although his panic attacks increased in frequency after that week in 2019, they have gradually diminished. This article originally appeared in The New York Times