A man received $ 450,000 in compensation after an unwanted birthday party at work. Kevin Burling claimed that the surprise at the company’s offices in Kentucky in the US caused him to panic. His lawsuit against the company he worked for claims “discrimination on the grounds of disability”, but the employer denies any wrongdoing.
Before Mr. Burling filed his lawsuit, he asked his managers not to celebrate his birthday like the other employees. He suffers from anxiety disorders and fears that a big celebration will evoke in him childhood memories that he prefers to forget, and cause him to have seizures. Despite his request, the surprise party was held in honor of Burling, when he went out for a break, and ate his lunch in his car after suffering another anxiety attack.
Then, the lawsuit alleges, he suffered another seizure the next day, when he confronted his employers who criticized him at a meeting. He was charged with “stealing the joy of his co-workers” and “being a little girl.” The company sent him home and fired him several days later, claiming he was “concerned about his safety in the workplace.”
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Two-thirds of the compensation received by the plaintiff was demanded for the mental anguish caused to him and the rest for wage losses. Julie Brazil, a manager at the company, claims she stands by the decision to fire Burling because he violated “workplace violence policy.” She claims: “My employees were victims in this case, not the plaintiff.” She added that they would appeal the decision because of “discovery of misconduct by jurors violating the judge’s orders.”
Tony Boker, Burling’s lawyer, said there was “no evidence” that he posed a threat to other workers. “He had an anxiety attack. That’s all. And because company employees did not understand his frightened reaction and were disturbed by his reaction, they assumed he was a threat. The assumption that people with mental health problems are dangerous without any evidence of violent behavior is discrimination.”