[Part 2 is here…]
Kevin Berling had been working at a medical laboratory, Gravity Diagnostics in Covington, Kentucky for about 10 months when he asked the office manager not to throw him a birthday party because he had a social anxiety disorder. He was freaked out because he had learned that his co-workers had planned a little lunchtime celebration with a cake and gag gifts in the break room. When the party went on as planned, Berling decided to hide in his car and have lunch there.
The next day, Kevin had what he called a panic attack during a meeting with two superiors, who expressed concerns about his behavior. His demeanor, they said later, frightened the supervisors, who sent him home and followed the company’s “workplace violence policy,” de-escalating the situation, removing his access to his office, and sending out security reminders to ensure he could not re-enter the building. Three days later he was fired on the stated grounds that Berling posed a threat to his co-workers’ safety.
Berling sued the company for disability discrimination and won, with the concluding that he had been discriminated against because of “a disability.” He was awarded $150,000 in lost wages and benefits and $300,000 for suffering, embarrassment and loss of self-esteem. Continue reading









