Payout ordered for unwanted birthday party

Alab technician from Kentucky has been awarded almost half-a-million dollars in compensation after his work colleagues threw him a birthday party against his wishes.

Kevin Berling asked the office manager at medical laboratory Gravity Diagnostics not to organize a celebration because he suffers from an anxiety disorder, according to a lawsuit filed in Kentucky's Kenton County Circuit Court.

But, days later, other employees convened for a lunchtime party complete with a banner decorating the office break room and a series of messages from colleagues.

The plans triggered Berling to have a panic attack and he spent his lunch break in his car, trying to calm down.

When called into a meeting to discuss his “sombre behaviour” the following day, Berling had another panic attack, according to his lawyer, Tony Butcher.

Gravity Diagnostics says he had clenched his fists, his face had turned red and he ordered his supervisors to be quiet in the meeting. “They were absolutely in fear of physical harm during that moment,” Julie Brazil, the founder and chief operating officer of Gravity Diagnostics, said. “They both are still shaken about it today.”

Berling said that the clenched fists were part of a physical coping technique, but he was fired after what the firm called a “violent” outburst. A month after the meeting, in September 2019, Berling sued the company for disability discrimination.

This spring, jurors awarded him US$150,000 in lost wages and benefits and US$300,000 for suffering, embarrassment and loss of self-esteem.