Skip to content
Search AI Powered

Latest Stories

Man Awarded $450k After Being Fired For His Reaction To Unwanted Surprise Birthday Party At Work

Man Awarded $450k After Being Fired For His Reaction To Unwanted Surprise Birthday Party At Work
Westend61/Getty Images

A Kentucky man was awarded $450,000 in a lawsuit against his former employer, Gravity Diagnostics after they refused to honor a request for a reasonable accommodation due to a known disability.

Kevin Berling sued Gravity Diagnostics after they fired him over his reaction to a surprise office birthday party he requested they refrain from having for him.


Berling—who lives with an anxiety disorder—requested his birthday not be celebrated because he knew the office party would be likely to cause a panic attack.

During testimony, Berling said:

"That day is a day that is very stressful and causes a lot of anxiety for me."

That request was not honored, though, and Berling found a party waiting for him in the lunch room on August 7, 2019.

As he had anticipated, the event triggered a panic attack and he quickly grabbed his lunch and went to eat in his car and weather the panic.

When he met with his supervisor, Amy Blackburn, and the Director of Business Operations, Ted Knauf, the next day to discuss the former day's events, things got even worse. He was reportedly berated for how he had reacted and accused of "stealing his co-workers' joy" and "being a little girl" about the whole situation.

This triggered another panic attack and Blackburn claimed she feared Berling "was going to literally strike her" because he was sitting silently with his fists clenched—likely using a common coping mechanism for dealing with anxiety which involves deep breaths and focusing on one's body until the panic passes.

She further said he "commanded silence while shaking" when she and Knauf asked if he was alright.

Instead of inflicting or even threatening any violence, Berling left a few minutes later when he was sent home until Monday of the following week.

According to legal filings:

"This confrontation triggered another panic attack."
"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."

While some accused him of being overly sensitive, many Twitter users who have lived experience with anxiety disorders were firmly on Berling's side.




Gravity Diagnostics COO and founder Julie Brazil maintains her current employees are the true victims of the incident, not the plaintiff—insinuating Berling was a threat because he suffers from an anxiety disorder.

"With ever-increasing incidents of workplace violence, this verdict sets a very dangerous precedent for employers and most importantly employees that unless physical violence actually occurs, workplace violence is acceptable."

A spokesperson for Gravity Diagnostics said:

"This female supervisor and the other employee were both absolutely terrified for their physical safety."

Berling has declined requests to be interviewed, but his attorney Tony Bucher told WKRC Berling was simply using coping techniques to try to calm down during the meeting:

"They started giving him a pretty hard time for his response to the birthday celebration, actually accusing him of stealing his co-workers' joy."

It would seem the jury agreed with Bucher's assessment, as Berling was awarded $300,000 for emotional distress and a further $150,000 for lost wages.

More from Trending

G-Dragon
Han Myung-Gu/WireImage/Getty Images

K-Pop Star Sparks Controversy After Wearing Shirt With Dutch Racial Slur On It During Show

On May 2, K-Pop group BigBang member G-Dragon, also known professionally as Kwon Ji-yong, performed at K-SPARK in Macau wearing a shirt with an anti-Black racial slur, written in Dutch, on the back.

The shirt also featured an offensive caricature of a Black person on the front.

Keep ReadingShow less
Screenshot of Todd Blanche
Meet the Press

Acting Attorney General Gets Blunt Reality Check After Making Bizarre 'Restaurant' Analogy In Defense Of Voter ID

Acting Attorney General Todd Blanche had people raising their eyebrows after he defended voter ID restrictions by attempting to bring up a real-world scenario in which people have to show their IDs... going inside restaurants.

Blanche was speaking to Kristen Welker on Meet the Press when he argued that attention should shift away from criticism of Republican-appointed Supreme Court justices for weakening the Voting Rights Act of 1965 and toward what he framed as the more pressing issue of voter ID requirements.

Keep ReadingShow less
Donald Trump
Tasos Katopodis/Getty Images

Trump Dragged For Not Understanding How The Game Uno Works In Cringey Meme About Iran War Negotiations

President Donald Trump was dragged online after he shared an image of himself holding a bunch of Uno cards to brag about holding "all the cards" in Iran war negotiations, only to be called out for not understanding how playing the game actually works.

Trump’s post came as Iran put forward a new proposal to end the war, reportedly demanding that the U.S. lift sanctions, end its blockade, withdraw military forces from the region, and halt hostilities—including Israel’s operations in Lebanon—according to Iranian outlets with close ties to the country’s security establishment.

Keep ReadingShow less
Donald Trump; The Mandalorian
Alex Brandon/Pool/Getty Images; Disney+

White House Celebrates May The 4th With AI Image Of Trump As The Mandalorian—And 'Star Wars' Fans Are Livid

The White House was called out after it commemorated Star Wars Day by sharing an AI-generated image of President Donald Trump as the Mandalorian, sparking backlash from Star Wars fans.

The image depicts Trump as the armored protagonist of The Mandalorian, accompanied by the alien child and Jedi apprentice Grogu—better known to many fans as “Baby Yoda”—while carrying an American flag.

Keep ReadingShow less
Tucker Carlson; Lulu Garcia-Navarro
The Interview/New York Times

'New York Times' Hits Tucker Carlson With The Awkward Receipts After He Denies Calling Trump 'The Antichrist'

Former Fox News talking head Tucker Carlson sat down with journalist Lulu Garcia-Navarro for a deep dive for The New York Times podcast The Interview. Garcia-Navarro used the opportunity to ask Carlson about his split with MAGA Republican President Donald Trump.

Carlson had been critical of Trump over his Iran war, Trump's increasingly unhinged rhetoric, and the infamous meme Trump posted, then deleted, depicting himself as Jesus Christ.

Keep ReadingShow less