Navigating Employee Discipline and Termination: Lessons from the Berling v. Gravity Diagnostics Case

Employee discipline and termination are critical aspects of managing a workforce. However, employers must navigate these processes within the bounds of the law to avoid potential legal consequences. In this blog, we will explore the legal practices surrounding employee discipline and termination, using the case of Kevin Berling v. Gravity Diagnostics, LLC as a real-life example. This case highlights the importance of understanding disability discrimination laws in the workplace and serves as a valuable lesson for employers.

Berling v. Gravity Diagnostics Case

Kevin Berling's case against his former employer, Gravity Diagnostics, LLC, unfolded in the Commonwealth of Kentucky, Kenton Circuit Court Division IV. The case centered on allegations of disability discrimination under Kentucky Revised Statute 344.

Here's a summary of what happened:

Five days before his birthday, Kevin Berling requested that his employer, Gravity Diagnostics, LLC, not organize a birthday celebration for him, expressing his preference not to have a party.

Despite Berling's explicit wishes, Gravity Diagnostics went ahead and arranged a lunchtime birthday celebration on his birthday. When Berling learned of the planned party, he experienced a severe panic attack and decided not to attend.

The following day, Berling was called into a meeting with two of his coworkers, during which they confronted him about his reaction to the birthday party. This meeting, too, resulted in Berling suffering another panic attack. As a result, he was sent home for the remainder of that day and the following day.

A few days after these incidents, Gravity Diagnostics, LLC terminated Kevin Berling from his job.

The Issues

The case raised several critical issues:

  1. Disability Determination: The primary question was whether Kevin Berling's anxiety disorder qualified as a disability under Kentucky law.
  2. Adverse Employment Action: It needed to be established whether Berling's termination was an adverse employment action taken against him because of his disability.
  3. Discrimination Allegations: The case also revolved around allegations of disability discrimination, focusing on whether Berling's firing was the result of discrimination based on his disability.

The Rulings

A jury trial was conducted to determine the outcome of the case, and the jury reached the following rulings:

  1. Disability Determination: The jury found that Kevin Berling's anxiety disorder indeed met the definition of a disability as defined under Kentucky law.
  2. Discrimination Verdict: The jury concluded that Berling's termination constituted an act of disability discrimination.
  3. Monetary Award: As a result of these rulings, Kevin Berling was awarded a significant sum of $450,000 in damages, including $120,000 for lost wages and benefits, $30,000 for future lost wages and benefits, and $300,000 for mental pain and suffering, humiliation, and loss of self-esteem.

Subheading: Policy and Practice Implications

The Berling v. Gravity Diagnostics case has significant policy and practice implications for employers:

  1. Recognition of Disabilities: Employers must be proactive in recognizing various disabilities, including mental health conditions, and providing reasonable accommodations to affected employees.
  2. Adverse Employment Actions: Firing an employee due to their disability or in response to actions related to their disability may be considered an adverse employment action and could lead to discrimination claims.
  3. ADA Compliance: The case also has implications for Title I of the Americans with Disabilities Act (ADA), a federal law prohibiting disability discrimination.
  4. Training and Education: Employers should invest in training and education for their workforce, including managers and supervisors, to raise awareness of disability rights and legal obligations.

The Berling v. Gravity Diagnostics case is a powerful reminder of employers' legal responsibilities in managing their employees, especially those with disabilities. Employers must be diligent in recognizing and addressing disabilities in the workplace, ensuring that their actions do not result in discrimination or adverse employment actions. By following legal practices and promoting a culture of inclusivity and accommodation, employers can protect their employees' rights and legal standing, ultimately fostering a more equitable and productive work environment. Partnering with Catalyst Legal can provide valuable guidance and expertise in navigating the complexities of employment law, ensuring that your business stays on the right side of the law while promoting a diverse and inclusive workplace.


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