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Not everybody wants to celebrate their birthday with a surprise party in the office.

Besides being occasionally awkward (if you don’t particularly know or like your co-workers), they can also be anxiety-inducing.

That’s why Kevin Berling asked his colleagues at Gravity Diagnostics (a Kentucky company that now conducts COVID-19 tests) not to throw him a surprise birthday party in 2019.

He simply did not want the stress that comes with his colleagues lining up to shout celebrations as he struggles with severe anxiety and is prone to panic attacks that bring back difficult childhood memories.

But the company decided to cross that boundary anyway, and now they’re forced to pay a hefty sum thanks to a lawsuit filed against them by Berling.

The lawsuit alleges that the company discriminated against Berling because of his disability, reported BBC:

The lawsuit notes that Mr Berling was “confronted and criticised” at a meeting the following day (after he had a panic attack and swiftly left the office party), where he was accused of “stealing his co-workers joy” and “being a little girl”. The tense meeting prompted a second panic attack, after which the company sent him home for the remainder of 8 August and 9 August.

On 11 August, Gravity Diagnostics fired him, citing concerns about workplace safety. His lawsuit alleged that the company discriminated against him because of a disability and unfairly retaliated against him for asking that his request be accommodated.

After all that, Berling has been granted $450 000 (around R6,6 million) in damages – $300 000 for emotional distress and $150 000 in lost wages.

What a backwards birthday gift.

Gravity Diagnostics believes that Berling violated a “workplace violence policy” and thus stands by the decision to fire him.

Berling’s attorney argued that the office misunderstood Berling’s panicked response and assumed he was a threat, adding that “assuming that people with mental health issues are dangerous without any evidence of any violent behaviour is discriminatory”.

There’s a lesson here: take your anxious co-worker seriously when they say they do not want an office party.

[source:bbc]