Kevin Berling, who says he suffers from anxiety, had warned his boss at Gravity Diagnostics that he didn’t want to celebrate the day, saying he was bringing back bad memories of his parents’ divorce, according to court documents.
But on August 7, 2019, during lunchtime, Kevin Berling had been wished “happy birthday” by certain colleagues and spotted a banner unfurled in the company’s Kentucky (Central East) restroom for the occasion. He then went to his car, where he allegedly had a panic attack.
The next day, during a small committee meeting, he “got carried away, fists and teeth clenched, face red and shaking” and asked his boss to “shut up,” described John Maley, attorney for Gravity Diagnostics. The supervisor and other employee present “feared for their safety,” he added, leading the company to fire Kevin Berling. The latter had never been sanctioned or reprimanded for his behavior prior to the incident.
humiliation
Against his sacking, Kevin Berling sued Gravity Diagnostics for disability discrimination and at the end of March obtained $450,000 in compensation, including $150,000 for the loss of income and $300,000 for the humiliation, loss of self-esteem and suffering caused.