In the US state of Kentucky, despite the warning that he had a tension and fear disorder, a man whose company had a birthday party filed a lawsuit and was entitled to compensation of 450 thousand dollars.
Kevin Berling, claiming that the birthday party held in 2019 at Gravity Diagnostics in the USA against his will started a series of panic attacks, filed a lawsuit against his workplace. Complainant Berling’s lawsuit was settled in his favour.
Berling further argued that his company discriminated against him because he was disabled. The company, which denied the accusations, lost the lawsuit filed by Berling and was ordered to pay 450 thousand dollars in compensation.
In a petition filed with Kenson District Court, Berling, who has a fear disorder, told his manager that he didn’t want any random celebration, that he could trigger a panic attack by recalling bad memories from his childhood.
But despite Berling’s request, the company conducting the Covid-19 tests gave the complainant a panic attack at a surprise birthday party in August 2019.
In the petition, it was stated that Berling was “bumped and criticized” at the next business meeting and accused of “stealing the joy of coworkers and acting like a little girl”. It was noted that the tense meeting triggered another panic attack, and then the company sent Berling to the residence for the remainder of August 8 and August 9.
On 11 August, the company dismissed Berling due to workplace safety concerns. In his petition, Berling argued that the company discriminated against him because he was disabled and that he was unfairly retaliated for wanting a birthday party not to be held.
In the lawsuit, which ended at the end of last month, the panel ruled that Berling should receive $300,000 for emotional tension and $150,000 for lost wages.
The company’s Managing Director, Julie Brazil, said Gravity Diagnostics stood by Berling’s decision to terminate her employment contract, arguing that it violated its “workplace violence policy.”
“VICTIM EMPLOYEES”
Brazil stated that they are considering appealing the decision with the words “In this case, my employees are victims, not plaintiffs”.
Berling’s lawyer, Tony Bucher, said in a statement to a TV station that there was “absolutely no evidence” that his client had threatened anyone at the company enough to deserve to be fired.
Bucher “He had a panic attack. That’s all. When a representative of Gravity Diagnostics had a panic attack, they couldn’t understand the implications, they were uncomfortable and thought he was a threat. Thinking that people with mental issues are dangerous without any evidence of violent behavior is discrimination.” ‘ he said.
According to information from the National Alliance for Mental Health, over 40 million Americans, or about 20% of the population, suffer from fear disorders.
