Man told employer not to celebrate his birthday. He was awarded $450,000 after unwanted party.

 Man told employer not to celebrate his birthday. He was awarded $450,000 after unwanted party.

Kevin Berling, who suffers from an anxiety disorder, told his employer a birthday celebration would trigger a panic attack, a lawsuit alleges.

By Minyvonne Burke

A Kentucky man with an anxiety disorder asked his employer not to celebrate his birthday because it would trigger a panic attack.

When the company, Gravity Diagnostics, ignored Kevin Berling's request and had a surprise lunchtime celebration for him on Aug. 7, 2019, he got upset, and days later, Berling was fired, according to a lawsuit he filed against the company in a Kenton County court.

On March 31, a jury awarded him $450,000. The jury found that Berling suffered an "adverse employment action" because of his anxiety disability, court documents show.

The saga began in August 2019 when Berling told his office manager that he did not want to celebrate his birthday because it would trigger a panic attack. The company has a practice of having birthday celebrations at the office for employees, says the lawsuit, which was filed in 2019.

However, the company surprised him on his birthday with a celebration in the lunchroom. Berling had a panic attack, the suit says. He quickly left and finished the rest of his lunch in his car and then texted his manager, upset that the company failed to accommodate his request

A day after the celebration, Berling was called into a meeting where he "was confronted and criticized" for his reaction, according to the lawsuit.

This confrontation triggered another panic attack," the lawsuit says. "At the conclusion of this meeting and because plaintiff had a panic attack, plaintiff was sent home from work for the remainder of August 8 and August 9."

On Aug. 11, he was sent a letter telling him he was being terminated "because of the events of the previous week," the lawsuit says.