Later, Berling dropped the"Retaliation" claim, but the case proceeded to trial on the disability discrimination claim. The company has firmly disputed several components of Berling's lawsuit, including two particularly important factual points, and a spokesperson for Gravity Diagnostics told Snopes the company was prepared to file an appeal against the verdict, if necessary.
Rather, according to the company, he had told one employee merely that his birthday prompted bad memories for him.This is the most important factual dispute between the two sides in this case. According to Gravity Diagnostics, at the Aug. 8 meeting with two supervisors, Berling allegedly displayed physically intimidating body language, and caused the supervisors to fear for their safety:
Ms. Blackburn became afraid and thought [Berling] was going to literally strike her. Similarly, Mr. Knauf observed [Berling] close his eyes, clench his fists, grind his teeth, and become red in the face. He also commanded silence. Mr. Knauf feared for his own safety and believed that [Berling] was going to punch or attack him.
In response, Berling's attorney, Tony Bucher, told Snopes that the claim he had"lashed out" at supervisors was a mischaracterization, and that his panic response, in the meeting, was nonviolent and nonthreatening.
Justice was served for this man. Anxiety is a real disability for people that have a severe case. He nicely requested NO PARTY. The company ignored him & disrespected his request. He was then fired for his reaction to their disrespectful action. Justice.
Glad to know that the man won the case. The employer was clearly in the wrong.
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