A man in Kentucky turned an unwanted birthday party into a big payday.
Kevin Berling asked his co-workers at Gravity Diagnostics not to throw him a birthday party as they do for all employees, but the office manager forgot about Mr. Berling’s request, according to the lawsuit.
Mr. Berling cited his anxiety disorder — a documented disability — as the reasoning for the request. The suit states that being the center of attention is a “great source of stress” for Mr. Berling.
According to the suit, other employees began a lunch-time celebration for Mr. Berling on his birthday, triggering a panic attack and forcing him to spend his lunch break in his car.
A meeting with his bosses the next day triggered another attack, and he was fired a few days later after company officials said they were concerned he could potentially become violent.
“They started giving him a pretty hard time for his response to the birthday celebration, actually accusing him of stealing his co-workers’ joy,” Tony Bucher, Mr. Berling’s lawyer, told Local12.
A jury awarded Mr. Berling $450,000, including $300,000 for “mental anguish.”
Under the Americans with Disabilities Act, employers can not discriminate based on disability. Companies with 15 or more employees must “provide reasonable accommodations” to those with disabilities.
Mental health disorders are covered under the ADA, according to the U.S. Equal Employment Opportunity Commission.
The jury’s decision comes when mental health issues become more prevalent. According to the World Health Organization, people with mental health issues increased by 25% in 2020.
“Our country faces an unprecedented mental health crisis among people of all ages. Two out of five adults report symptoms of anxiety or depression,” The White House said in a fact sheet issued last month. “Even before the pandemic, rates of depression and anxiety were inching higher. But the grief, trauma, and physical isolation of the last two years have driven Americans to a breaking point.”
President Biden’s plan to combat the issue includes investing further in mental health staff and resources. According to the fact sheet, Mr. Biden said he will invest $700 million in programs that will “expand the pipeline of mental health providers” in 2023.
A national crisis hotline will launch nationwide this summer and create a national network of local crisis centers.
• Peter Santo can be reached at psanto@washingtontimes.com.
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