Gravity Diagnostics in Covington, Kentucky celebrated its employees’ birthdays by throwing them parties. Kevin Berling had worked for the company for 10 months when he asked his manager that the company not throw him one because of the stress that it would cause him. Berling suffers from anxiety disorders and panic attacks.
The office manager forgot about Berling’s request and held a party for him. Berling had a panic attack, left, and spent his lunch break in his car.
The next day, Berling’s managers met with him to discuss what happened. They reprimanded Berling, saying he had stolen his co-workers’ joy and was “being a little girl.” Berling suffered another panic attack as a result of this meeting and was subsequently fired. The company claimed the termination was based on a fear of Berling being angry and possibly violent.
Berling filed a lawsuit for disability discrimination and retaliation for requesting a reasonable accommodation. The jury awarded him $450,000 – $150,000 in lost wages and $300,000 for emotional distress.
What this means to you:
Requests for a medical accommodation should never be ignored, and employees should never be called names because of a disability. If you are concerned someone may be violent or poses a direct threat to themselves or others, consult an expert. Disability discrimination and retaliation has no place in a respectful workplace.
Make sure your managers and Human Resources know how to treat people with disabilities and properly handle accommodation requests. To learn about our Managing Within the Law program or to book a workshop, please call 800-458-2778 or email us.
Updated 06-06-2022
Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.
