Berling had never exhibited violent behavior and had no disciplinary reports in his personnel file. Berling’s employment for violation of Gravity’s workplace violence policy. As a result of this report, the chief operating officer decided to terminate Mr. Berling’s supervisor and the director of business operations had felt physically threatened and unsafe. Berling’s actions during the meeting and that Mr. Berling was banned from the building.Īfterwards, Gravity’s chief operating officer was informed of Mr. ![]() Berling was thereafter escorted out of the building, forced to turn in his building access key, and then ordered to return to work the next Monday. One said she would have called the police if she would have had access to her cellphone. Berling responded by “command silence while shaking.” Both Gravity employees said they believed that Mr. Berling’s coping mechanisms and asked what was wrong. Gravity’s director of business operations and Mr. Berling then began having another panic attack where he became very red, clenched his fists, and closed his eyes. Berling testified that his supervisor criticized his reaction and accused him of “stealing other coworkers’ joy.” Mr. Berling explained that he was upset his birthday had been celebrated and that he had experienced a panic attack as a result. Berling’s request not to celebrate his birthday. Berling’s supervisor that she had forgotten to pass on Mr. Before the meeting, the chief of staff informed Mr. Berling instead met with his supervisor and Gravity’s director of business operations. ![]() Berling requested to meet with the chief of staff. Berling acted somberly and was not his usual self. ![]() He eventually returned to work, and notified the chief of staff via email that he was “a little upset that there were birthday things around.” But, he did not disclose the fact he had a panic attack. Berling grabbed his lunch out of the refrigerator and retreated to his car for 45 minutes where he experienced a panic attack. Instead of staying for the celebration, Mr. Berling went to the breakroom where he encountered a birthday banner and was again wished a happy birthday by his coworkers. Berling was still able to continue his duties. Berling stated that these greetings put him “on edge,” but according to Gravity, Mr. Berling’s birthday, several coworkers wished him a happy birthday. Berling was advised to clench his fists and open and shut his eyes. As a coping mechanism for these attacks, Mr. Berling exhibited symptoms such as crying, shaking, and hyperventilating. ![]() Berling was diagnosed with an anxiety disorder, which caused one or two panic attacks lasting 1-2 minutes each year. Berling claimed he had bad memories because his parents announced their divorce on his seventeenth birthday in 2009. He also testified that he had told Gravity he saw a therapist on a weekly basis. Berling testified at his deposition that he never explicitly informed Gravity of his disorder. Berling’s complaint alleged that he informed Gravity of his anxiety disorder in connection with his request to forego his birthday celebration, Mr. Berling did not indicate that a celebration would trigger a panic attack or that his request not to celebrate his birthday was related to an anxiety disorder. Berling that she would pass on the request. In 2019, Gravity employee Kevin Berling submitted a request to the company’s chief of staff that his birthday not be celebrated due to “bad memories” surrounding his parents’ divorce, which he associated with his birthday. Like many employers, Gravity Diagnostics, LLC (“Gravity”) regularly celebrated employees’ birthdays. A Kentucky jury recently awarded Kevin Berling $450,000 for disability discrimination because his employer ignored his request not to celebrate his birthday and subsequently terminated his employment.
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