4 ms·

mostly because he got fired after his "reaction" to the small lunch organized by the company PS: I'm just justifying the 450k reward as being fired for no reas

mostly because he got fired after his "reaction" to the small lunch organized by the company PS: I'm just justifying the 450k reward as being fired for no reason (his reaction). It's understandable

dymk 5y ago
His "reaction" was leaving the situation to deal with his panic attack. His employer refused to make reasonable accommodations for his disability, which in this case was no action at all. Further, they did the exact opposite of what he'd asked for in advance.
- minimaxir 5y ago
  Note that "reasonable accommodations" is a term of art more for ADA cases and other federal bodies, which doesn't appear to be the case here. https://www.dol.gov/agencies/odep/program-areas/employers/accommodations https://www.dol.gov/agencies/odep/program-areas/employers/ac...
  - dymk 5y ago
    In what sense does it not apply here? The ADA requires that all employers, public and private, make reasonable accommodations for the disabilities of those they employ (modulo some exceptions, which do not seem to apply here).
    - minimaxir 5y ago
      IANAL, but my understanding is that following reasonable accommodations is a documented process for both parties, while the "don't throw a birthday party for me" was an informal request. > Berling has an anxiety disorder, said his attorney, Tony Bucher, and his birthday is a source of stress, so his client went to the person at the company who throws the parties and asked them not to. > “The person who was responsible for the birthday parties who he talked to flat out forgot about his request,” Bucher said. “She didn’t do it to be mean. She said she would accommodate it and she just forgot.” https://linknky.com/news/2022/04/14/man-awarded-450k-after-firing-over-birthday-party-at-gravity-diagnostics/ https://linknky.com/news/2022/04/14/man-awarded-450k-after-f...
      - dymk 5y ago
        IANAL as well, so all I can do is make a semi-educated guess at how the legal system would treat this. My only "qualification" is I raise guide dog for the blind puppies, so I see ADA stuff often. I'd guess that that forgetting that a request was made does not mean a request wasn't made, and doesn't remove the employer's requirement to comply with the ADA. It's also unclear to me that the "informal" part of "informal request" means anything here - a request is a request, and it was made to the person in charge of birthday parties. Regardless of if she threw the party to be mean or not (given the outcome, I don't think that's relevant) - the root problem may have come down to the company's reaction to his panic attack. They fired him for his disability. That's a clear violation of the ADA.
      - pseudalopex 5y ago
        A verbal request is enough. But the employee may not have said it was disability related.
deleted 5y ago
[deleted]

mostly because he got fired after his "reaction" to the small lunch organized by the company PS: I'm just justifying the 450k reward as being fired for no reason (his reaction). It's understandable

dymk 5y ago

His "reaction" was leaving the situation to deal with his panic attack. His employer refused to make reasonable accommodations for his disability, which in this case was no action at all. Further, they did the exact opposite of what he'd asked for in advance.

minimaxir 5y ago
Note that "reasonable accommodations" is a term of art more for ADA cases and other federal bodies, which doesn't appear to be the case here. https://www.dol.gov/agencies/odep/program-areas/employers/accommodations https://www.dol.gov/agencies/odep/program-areas/employers/ac...
- dymk 5y ago
  In what sense does it not apply here? The ADA requires that all employers, public and private, make reasonable accommodations for the disabilities of those they employ (modulo some exceptions, which do not seem to apply here).
  - minimaxir 5y ago
    IANAL, but my understanding is that following reasonable accommodations is a documented process for both parties, while the "don't throw a birthday party for me" was an informal request. > Berling has an anxiety disorder, said his attorney, Tony Bucher, and his birthday is a source of stress, so his client went to the person at the company who throws the parties and asked them not to. > “The person who was responsible for the birthday parties who he talked to flat out forgot about his request,” Bucher said. “She didn’t do it to be mean. She said she would accommodate it and she just forgot.” https://linknky.com/news/2022/04/14/man-awarded-450k-after-firing-over-birthday-party-at-gravity-diagnostics/ https://linknky.com/news/2022/04/14/man-awarded-450k-after-f...
    - dymk 5y ago
      IANAL as well, so all I can do is make a semi-educated guess at how the legal system would treat this. My only "qualification" is I raise guide dog for the blind puppies, so I see ADA stuff often. I'd guess that that forgetting that a request was made does not mean a request wasn't made, and doesn't remove the employer's requirement to comply with the ADA. It's also unclear to me that the "informal" part of "informal request" means anything here - a request is a request, and it was made to the person in charge of birthday parties. Regardless of if she threw the party to be mean or not (given the outcome, I don't think that's relevant) - the root problem may have come down to the company's reaction to his panic attack. They fired him for his disability. That's a clear violation of the ADA.
    - pseudalopex 5y ago
      A verbal request is enough. But the employee may not have said it was disability related.

deleted 5y ago

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