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A man named Kevin Berling, a resident of Kentucky, sued the company he worked for for throwing him a birthday celebration, even though he had previously reported that this type of situation generated stress.
The medical company, Gravity Diagnostics, must now indemnify Berling in a total amount of $450,04 dollars, for emotional distress and other charges for lost wages, when absent due to emotional problems.
Although the sentence has just been made public, the events took place in 2019 , when in his office they decided to celebrate the birthday of this employee, as is customary with all employees. The detail is that Berling informed his employers that “such events and celebrations caused him stress and anxiety” and he did not want the celebration.
His colleagues ignored his warning and on his birthday. During the lunch break, Kevin Berling met with a surprise party, which caused him to have a panic attack and had to leave the office.
In addition, upon his return he was the victim of bullying by his co-workers, who accused him of being “poopers.” and behave like a “girl”. Upon being teased, Kentucky resident had a second panic attack to the point of being sent home on a week’s break.
Berling was then able to meet with his boss and another co-worker and express his frustration. The lawyer for the medical company pointed out that at that time there was a discussion with “verbal aggression” for which he was fired.
Until then, the affected employee had had an impeccable attitude in his workplace, said his lawyer.
The company Gravity Diagnostics alleged that they feared for everyone’s safety and defended themselves by saying that there was a “violation of the company’s violence policy” . However, Berling’s attorney, Tony Bucher, alleged in the lawsuit “discrimination based on his disability.”
“He had a panic attack. That’s it. And, because the Gravity Diagnostics representatives didn’t understand his panicked response and were puzzled by his response, they assumed he was a threat. Assuming that people with mental health problems are dangerous without any evidence of violent behavior is discriminatory”
Tony Bucher.
The final sentence was made by Judge Patricia Summe, of a court in Kenton, Ohio. The same sentenced that Berling “suffered an adverse labor action due to his disability” not respected.