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Surprise party panic attack5/7/2023 ![]() ![]() He also pointed out that Berling had received nothing but positive performance reviews.Ī jury concluded Berling had been discriminated against, and experienced an adverse employment action due to his disability. The company said it had the right to fire Berling due to his concerning behavior - clenching his fists and ordering his supervisors to be quiet during the meeting in which they confronted Berling about his reaction to the surprise party.īerling’s lawyer argued these behaviors were coping mechanisms to deal with his anxiety attack. Gravity Diagnostics fought back, arguing that Berling had never officially disclosed his anxiety disorder and “had not met the standard for a disability claim.” Berling was fired a few days later, his supervisors citing concerns about his “violent” behavior in that meeting.īerling then sued the company for disability discrimination. The next day, two supervisors confronted Berling about his “somber” reaction to the party, which resulted in another panic attack. Upon encountering this, Berling had a panic attack and left the party, choosing to eat his lunch alone in his car. ![]() However, Berling’s co-workers took it upon themselves to throw him a surprise party, of which his manager wasn’t aware. ![]() Having an anxiety disorder, Berling asked his manager not to throw him a birthday party. Kevin Berling worked at Gravity Diagnostics in Covington, KY, for about 10 months before his birthday came around. One company did this - and ended up paying the employee $450,000. Approximately one in four New Zealanders will be affected by an anxiety disorder at some stage in their lives and at any one time, 15 percent of the population will be affected, according to data from the non-profit community initiative Health Navigator.A recent court decision teaches employers a strange (but important) lesson: Don’t throw an employee a birthday party if they don’t want one. "Assuming that people with mental health issues are dangerous without any evidence of any violent behaviour is discriminatory."Īccording to the National Alliance on Mental Illness, a US-based advocacy group, more than 40 million Americans - nearly a fifth of the population - suffer from anxiety disorders.Īnxiety disorders are also very common in Aotearoa. and were unnerved by his response, they assumed he was a threat," Bucher told the BBC. And, because representatives from Gravity Diagnostics did not understand his panic. "My employees were the victims in this case, not the plaintiff," she said.Īccording to reports, the company is planning to challenge the verdict and is mulling an appeal.īerling's attorney, Tony Bucher, told the BBC there "was absolutely no evidence" that his client had behaved in a way that would warrant his dismissal. In a statement to the local Covington-based news outlet Link NKY, chief operating officer Julie Brazil said Gravity Diagnostics stands by its decision to terminate Berling's employment as he had violated a "workplace violence policy". However, the company has denied any wrongdoing. His lawsuit alleged the company had discriminated against him because of a disability and that he had been unfairly dismissed based on a simple request not being accommodated.Īfter a two-day trial at the end of March - almost three years after the saga - the jury awarded Berling US$450,000, including $300,000 for emotional distress and $150,000 in lost wages. On August 11, Berling was fired from Gravity Diagnostics, with his employers citing concerns regarding workplace safety. The fallout caused Berling to suffer a second panic attack and he was sent home for the remainder of August 8 and August 9. Berling suffered a panic attack and promptly left the gathering, finishing his lunch in his car.Īccording to the lawsuit, Berling was then "confronted and criticised" at a tense meeting the following day, where he was accused of "stealing his co-workers' joy" and "being a little girl". According to the lawsuit filed in Kentucky's Kenton County, Berling - who suffered from anxiety disorders - had specifically asked his manager not to celebrate his birthday at work as it could potentially trigger a panic attack, causing uncomfortable memories from his childhood to resurface.ĭespite his request, the company went ahead and organised a surprise party for Berling's birthday on August 7, 2019. ![]()
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