The media has sensationalized a recent court ruling in Kentucky over an employee suing his employer over a birthday party. In the disability discrimination case, the jury awarded the employee $450,000 for emotional distress and lost wages. Unfortunately, some began to criticize the judgment because the emotional distress was caused by a planned, lunchtime birthday party for the man at work. However, the employer’s actions showed repeated contempt for Mr. Kevin Berling’s workplace disability: anxiety.
Mr. Berling had severe anxiety and had asked the employer not to throw him a birthday party like the employer did for other employees. However, the employer ignored this request for a reasonable accommodation. Eventually, he learned there was a birthday party planned for him, and he had a panic attack, skipped out on the event, opting to eat lunch in his car instead. Mr. Berling was later confronted and fired due to not wanting to attend the party. The company claimed he was a threat to co-worker security. He then later hired an employment discrimination attorney to sue the company for disability discrimination, resulting in the aforementioned judgment against his previous employer.
When talking about disabilities in the workplace the first thing that pops into some people’s minds are physical hindrances that prevent people from completing their work. However, mental illness, including anxiety and depression, can be considered workplace disabilities too. To be a disability under the Americans with Disabilities Act, the condition must, “substantially limit one or more major life activity.” Though it often can be helpful to talk with a local employment lawyer, a workplace disability is defined by state and Federal law, you may find the EEOC fact sheet about disabilities in the workplace at this link here.
Indeed, physical disabilities are workplace disabilities too and often first come to mind, but we sometimes fail to realize mental health disabilities can have just as much an effect on one’s job performance as a physical one, sometimes even more so. A mental health disability is supposed to be treated very similar to a physical one by your employer in that the employment laws protect you from harassment or discrimination, and if necessary, can receive accommodations for your workplace disability. In a separate blog post, at this link, the Firm has been discussed accommodations in the workplace, and what those accommodations may be. If you want to get a better understanding of that process, you are more than welcome to check that post out to see how to go about getting an accommodation.
The company’s attorney tried to lambast Mr. Berling for not fully disclosing his medical condition to his company. The company argued because of that, Mr. Barling did not meet the legal threshold to qualify for a disability. The attorney for the company further tried to claim Mr. Berling had “violent” actions during their meeting, allowing the company to legally fire him. However, these “violent” actions described were clenching his fists and almost hugging himself in an effort to calm himself during his panic attack, a coping mechanism rather than a violent outburst.
Many often worry and ask about whether you have to disclose your disability to your employer to get protection of state and federal laws. However, the EEOC states you do not have to disclose your disability with your company in most cases. Some exceptions occur when you are asking for an accommodation, if they extend you a job offer and ask everyone in the same category the question, or when there is objective evidence your job performance is being hindered. Other than these situations, you do not necessarily have to disclose your disability with your company, something that Mr. Berling did not do, and did not have to do.
Some people have been making fun of this case in the weeks following, only reading headlines such as, “Man sues company for throwing birthday party.” What some fail to realize is mental health is health. Mental disabilities are disabilities. Companies cannot discriminate or retaliate against employees with mental disabilities or physical disabilities in the workplace. There was a legitimate reason behind Mr. Berling suing his company, and he was well within his rights to do so. As mental health issues become more recognized by society, laws being enacted and enforced by the EEOC and employment discrimination lawyers to make sure that people who are live and work with mental health disabilities are protected or accommodated appropriately.