Complaint, Trial Order and Judgement: Berling v.This case also has implications for Title I of the Americans with Disabilities Act (ADA). Policy and PracticeĪn employer who fires an employee because of an anxiety disorder may be in violation of Kentucky’s law regarding adverse employment actions and disability discrimination. Industries Hospitals and Health Care Company size 201-500 employees Headquarters Covington, Kentucky Type Partnership Founded 2007 Specialties COVID-19, STI. The jury awarded Berling $450,000, which included: $120,000 in lost wages and benefits $30,000 in future lost wages and benefits and $300,000 for past, present and future mental pain and suffering, mental anguish, embarrassment, humiliation, mortification, and loss of self-esteem. A jury in a Kentucky court ruled that Gravity Diagnostics has to pay a former employee more than 450,000 after terminating his employment in August 2019. The jury also decided that firing Berling due to his anxiety disorder was an act of disability discrimination. Was Berling’s firing the result of discrimination because of the disability?īerling asked for a jury trial, where the jury decided that his anxiety disorder was a disability as defined under Kentucky law.Did Berling suffer a negative employment action (being fired) because of a disability?.Was Berling’s anxiety disorder a disability under Kentucky law?.This meeting resulted in another panic attack, and Berling was sent home for the rest of the day and the day after.Ī few days later, Berling was fired from his job.īerling sued Gravity Diagnostics in Kenton County Kentucky Circuit Court, claiming disability discrimination under Kentucky Revised Statute 344. When Berling found out there would be a party, he had a panic attack and did not attend. Gravity Diagnostics, LLC went ahead and arranged a lunchtime celebration on Mr. The latest edition of the Medical Association of Georgias (MAG) Top Docs show was sponsored by Gravity Diagnostics, which is a state-of-the-art. We provide innovative diagnostic testing in the areas of.
He was confronted by them about how he reacted to the birthday party. Five days before his birthday, Kevin Berling asked his employer Gravity Diagnostics, LLC, not to have a birthday party for him. Were a state-of-the-art CAP-accredited and CLIA-certified laboratory licensed in all 50 states. The next day, Berling was called into a meeting with two of his coworkers. When Berling found out there would be a party, he had a panic attack and did not attend. Gravity Diagnostics, a privately-owned corporation located in the Northern Kentucky region, is a dynamic life-science organization whose mission is to. Gravity Diagnostics, LLC went ahead and arranged a lunchtime celebration on Mr. Keywords: adverse employment action, lost wages and benefits, mental pain and suffering, anxiety disorder, panic attacks, disability, employment termination, reasonable accommodation, disability discrimination Summary and Facts of the Caseįive days before his birthday, Kevin Berling asked his employer Gravity Diagnostics, LLC, not to have a birthday party for him. Commonwealth of Kentucky, Kenton Circuit Court Division IV,
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