Don’t Go Break-rooming My Heart

Sherman & Howard L.L.C.
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Being a hospital maintenance worker is grueling. Just ask Darrell Allen, who worked for Atrium Medical Center. His job was so taxing that he created a secret break-room for himself in one of the hospital’s air handling rooms. The break-room included a desk and chair; a refrigerator that contained raw eggs, pickles, orange juice, milk, bread, lunch meat, peanut butter, pistachio nuts, cooking oil, and cooking spray; a toaster; a griddle; a hot plate; and a skillet. When Atrium discovered the secret hiding place, Mr. Allen defended himself by explaining that he always removed his stuff before state hospital inspections. But Atrium had a rule against cooking in areas other than the kitchen (they really needed a “rule” for that?), and also banned food in any mechanical rooms. Add to this the fact that Mr. Allen was exercising his gourmet talents in a hospital air handling room, jeopardizing patient and worker safety, and you have all the ingredients for a sad end to Mr. Allen’s tale. He was fired. He sued for disability discrimination as a former heart attack victim and for age discrimination. The court burnt Mr. Allen’s claims to a crisp, awarding summary judgment to the hospital. Allen v. Atrium Med. Center, Case No. 1:13-CV-811 (S.D. Ohio April 14, 2015).

The lesson from this bizarre tale? Secret forts are super keen when you’re 6 years old and using an old blanket between dining room chairs. Not so much when you’re 60 and cooking in a hospital air handling room.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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