A man who suffers from a panic disorder has been awarded a $450,000 award from his company by the court because the company held a birthday party for him although he told them not to, NBC News reports.
Kevin Berling of Kentucky told his office manager at Gravity Diagnostics that he did not want a birthday party because it would trigger a panic attack, but his coworkers threw a surprise birthday party for him at lunchtime in the office on August 7, 2019, causing him to get upset and leave the building, finishing his lunch in his car.
After lunch, Berling was called into a supervisor’s office, where he was confronted and berated about his behavior, causing another panic attack. Three days later, he was fired with the company claiming he violated “workplace violence” policies.
Berling sued the company, which according to public records has between 200-500 employees, for disability discrimination and retaliation.
“I think the significance for employers is that they need to understand that they shouldn’t make assumptions about individuals with mental health issues. Kevin was an exceptional employee that went above and beyond for his employer and if they would have taken a step back it would have been clear that he did not present any danger at all,” Tony Bucher, an attorney for Berling, said in a statement.