Birthday panic attack won worker $450,000 for disability discrimination

In Kentucky, a laboratory technician has been awarded just under half a million dollars in compensation after a birthday party was threw for him against his wishes.

According to a lawsuit filed in Kentucky's Kenton County Circuit Court, the laboratory technician asked his office manager not to celebrate his birthday as he suffers with anxiety. Days later, at medical laboratory Gravity Diagnostics, a surprise lunchtime party in the office break room was underway. The room was full of colleagues and birthday messages with a banner.

The birthday plans triggered a panic attack which forced Mr Berling to spend his lunch recovering in his car. He was called into a meeting the following day to discuss his "sombre behaviour". Tony Butcher, Mr Berlings lawyer said this meeting unfortunately led to him having another panic attack.

However, Gravity Diagnostics says Mr Berling reaction scared them, claiming he clenched his fists, his face turned red as he ordered his supervisor to be quiet during the meeting.

The founder and chief operating officer of Gravity Diagnostics said, "They were absolutely in fear of physical harm during that moment. They both are still shaken about it today". The company fired Mr Berling for his "violent" outburst. The former lab technician said that clenched fists were part of a physical coping technique for his anxiety.

In September 2019, Mr Berling sued his former employer for disability discrimination. The case finally came to trial in March this year. It was decided by the Jury that he did experience an adverse employment action because of his disability.

Mr Berling was awarded $450,000 by jurors for his suffering. $300,000 was awarded for his embarrassment, suffering and loss of self-esteem. The remaining $150,000 was awarded to record his loss in benefits and wages.

Since the trial, Gravity Diagnostics lawyer John Maley said the company would file post-trial motions to challenge the verdict. According to the New York Times, the verdict was unlawful as one juror had violated court orders by obtaining information outside of the trial.

The company claim Mr Berlings case does not meet the standard for a disability claim because he did not disclose the disorder previously and had not met the threshold to legally qualify as disabled. 

The Johnson Partnership

Nottingham Solicitors