A Kentucky man who was fired after having a panic attack at his workplace was awarded $450,000 by a jury that determined his employer is guilty of disability discrimination.
Kevin Berling, a former lab technician at Gravity Diagnostics, scored the victory in his case that he was unfairly fired from his job in response to having panic attacks stemming from an unwanted birthday party held on company property.
The jury determined Berling had a disability as defined by law and that he was able to perform his duties without accommodations up until the incident. They awarded Berling $450,000 late last month, which includes $120,000 in lost wages and benefits, $30,000 in future lost wages and benefits, and $300,000 for “past, present, and future mental pain and suffering, mental anguish, embarrassment, humiliation, mortification, and loss of self-esteem,” according to court filings.
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Berling had worked at Gravity for about 10 months when he learned about the company’s tradition of throwing birthday parties for employees. On Aug. 2, 2019, five days before his birthday, Berling told his boss about his anxiety disorder and asked not to have a party.
However, when he went on his lunch break Aug. 7, he saw the break room decorated for a birthday party, triggering a panic attack and prompting Berling to eat his lunch alone in his car. The party had apparently been planned by employees while the office manager was away, according to Berling’s lawyer, Tony Bucher, and the situation had quickly deteriorated.
The next day, Berling was called into a meeting with two of his supervisors, who criticized his reaction to the birthday party. This led to a second panic attack, causing him to make fists and tell his superiors to stop. Making fists while wrapping his arms around himself was a coping mechanism during these episodes, according to Berling’s lawyer.
The reaction scared the two supervisors, prompting them to confiscate his key fob and send him home for the rest of the week, court documents state. On Aug. 11, Berling received an email that he had been fired for his behavior.
Gravity fired Berling because he was perceived as “violent” in the meeting and raised safety concerns for the rest of the workplace, the company alleged. However, Bucher noted Berling had never received a negative review since working there nor had he ever been disciplined, court records say.
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A month after his termination, Berling sued the company for disability discrimination and retaliation.
After a two-day trial, the jury reached a verdict March 31 concluding that Berling experienced adverse treatment because of a disability. John Maley, a lawyer representing Gravity, said the company would file a challenge to the verdict, claiming one juror had violated court orders and obtained information outside the courtroom.
