PORTLAND, Maine — A Maine Medical Center administrator is suing the hospital for allegedly retaliating against him — including moving him to an attic office “visited by bats” — after he questioned a tradition of male residents and fellows going to a strip club during an annual out-of-state work conference.
Patrick O’Brien claims his boss in the family medicine department at MMC became hostile and transferred him to another position to punish him for raising concerns about the yearly strip club outing, which included lap dances. He sued the hospital in Cumberland County Superior Court seeking compensatory and punitive damages for emotional distress and harm to his reputation.
In November 2009, a resident physician complained to a chief resident during a conversation in O’Brien’s office that her husband, who was also employed by MMC, was uncomfortable going to the strip club but felt he had no choice, according to O’Brien’s complaint.
O’Brien, then the administrative director of the department, was later told by another physician that she purposely arrived at the Rhode Island conference after the outing to avoid being associated with it, even though female residents were “sent back to the hotel while the men go to a strip club,” the court documents state.
At a department leadership meeting, O’Brien raised concerns that the strip club tradition and pressure on residents to attend violated MMC ethics and corporate values and amounted to sexual harassment. He also questioned whether the hospital reimbursed alcohol expenses for the strip club visit, according to his complaint.
O’Brien filed a complaint with the Maine Human Rights Commission about the strip club issue. It was dismissed in March after an investigator found no reasonable grounds that the hospital retaliated against him for reporting the incident.
“The hospital is aware of Mr. O’Brien’s claims, as it has already aggressively denied and defended against them in front of the Maine Human Rights Commission,” MMC said in a statement. “After thorough investigation, the commission appropriately dismissed Mr. O’Brien’s claims as without reasonable cause.”
O’Brien’s department chair, Dr. Ann Skelton, criticized how he raised his concerns at the meeting, saying his goal was to humiliate a physician identified as “Dr. MB,” in a report filed by commission investigator Angela Tizon.
“Shortly after the meeting began, [O’Brien] turned to Dr. MB and said, ‘So, [Dr.MB,] what do you want to tell us about the lap dances at your conferences?’” according to MMC’s version of events in the report.
The hospital formally investigated O’Brien’s complaints and found that no one felt coerced into attending the strip club outing and no costs related to the club were reimbursed by MMC. Two physician managers of the sports medicine division, including Dr. MB, were disciplined with written warnings and letters, as the hospital stated that strip club visits, even outside conference time, were inappropriate, according to Tizon’s report.
O’Brien’s suit said the two sports medicine physician managers organized the annual trip.
The hospital also mandated training on sexual harassment and ethics for program staff.
O’Brien’s attorney, Barbara Goodwin, said he still shows up to work every day and hopes to continue his employment at MMC.
“Mr. O’Brien feels strongly that the Human Rights Commission investigator got it wrong,” she said. “He’s been harassed and retaliated against ever since he reported the strip club incident.”
O’Brien felt he was made a scapegoat and offered to quit. He ended up continuing to work but was pounced on for “any minor slip in his language,” set up to fail in meetings and excluded from new department initiatives, according to the complaint.
In August 2011, O’Brien was told his position had been eliminated as part of a move to save money. He was given a choice of leaving or accepting a new position as director of special projects.
He was then moved into an office on an attic floor described in the complaint as a musty, makeshift space “known to have frequent visits from bats.” The office was located five floors away from his new department.
Tizon wrote that O’Brien failed to demonstrate that his job transfer negatively affected him, since his salary and benefits remained the same while other directors were laid off due to a budget crisis at the hospital.
Sounds like a mature group of people all around.
Obviously this man is be retaliated against. AND what percentage of my insurance premium is being used to fund trips to “conferences” where one of the highlights is going to a strip club? Ridiculous, immature, and unprofessional come to mind. This man should be supported and people should be censured.
the deal is this, as long as they are on their own time and using their own money, its nobody elses business . I can’t believe some of these overly pious posters.”Puritanism: The haunting fear that someone, somewhere, may be happy. H. L. Mencken
Well, we know this guy won’t be getting a job with the Secret Service anytime soon.
Fom what this story says, MMC did not pay for strip clubs. I think that if people are at a conference, attending all required sessions, and they have time off in the evenings they can darned well do whatever they choose with their free time, including going to a strip club. I may not approve of strip clubs, but they are not illegal and therefore not out of bounds.
I have to chuckle at the statement about the females being sent back to the hotel while the men went to the strip club. I worked at MMC and I can tell you there are many females working there who would not miss an opportunity to go to a strip club!
It seemed that the strip club was a “highlight” of the conference. It doesn’t matter to me who paid for the venture to the club. Who paid for the conference???? Who are we paying with our insurance premiums?
Their FREE TIME may benefit people that exploit women, children, and dare I say human trafficking for sexual trades. I am not buying in on any defense for this story. It is WRONG WRONG and more WRONG. Hug your daughters and read your bible.
Funny how the entire story consists of what Mr. O’Brien had to say. If you can see beyond his juicy allegations you might discover this story is totally one sided. Perhaps you should take time out from reading the bible to read between the lines of this story. Guess what, the guy just might be as batty as the room he claims he was forced to occupy. Again, you have the right to feel as you do, read your bible, go to church, whatever, but other fellow Americans have just as much right to feel, and do, as they wish on their free time too, provided it’s not illegal.
Agreed. A lawsuit has been filed. Only one sided is commenting in the press and it’s the side who didn’t prevail at a contested hearing on the issue. If OBrien couldnt win at the hrc, where both sides of this story were told, there’s no reason to think he would prevail at trial. He probably will be offered some money to just go away before it gets that far though.
Doesn’t sound like anyone’s insurance premiums paid the bill or that human sex trafficking was involved.
Well, you had me listening to your comment until you started getting a bit condescending towards her bible comment. No need for that and you lose credibility in your argument.
That said, while I agree nothing they did was illegal and to each their own on their free time, I think while away on a conference, on someone else’s dime, good work ethic should tell you that is poor judgement. Illegal, no but poor judgement yes. You want to run around to strip clubs in Portland on your weekend off, go for it. But when a company is paying your tab at a conference, no. And sounds like MMC agrees and should suspend conference travel for those that do partake in such tawdry behavior while at a conference on their dime.
Condescending toward her bible comment? She makes strident, capitalized judgments on a one-sided story, and you are criticising me for being a bit condescending? Isaiah 11:3 “He will not judge by appearance nor make a decision based on hearsay.”
“Two wrongs don’t make a right” – Mothers across the world.
People say believe half of what you see,Son, and none of what you hear.
~ Marvin Gaye
why is son capitalized? marvin gaye as an advice giver? i think not.
Marvin Gaye is as valid as this “bible” that people go on quoting…
“People believe anything on the Internet”
Abraham Lincoln
=)
Didn’t mean to come across as “puritan” nor “strident and judgmental”. I hear your point on it being a one sided version of the story. IMO it is wrong to have a group trip to a strip club during a scheduled conference. Conferences for medical professionals are subsidized so the organized trip to the strip club is highly suspect and at least extremely unprofessional.
This activity is unprofessional and does promote exploitation of women and children. Legal or not it contributes to illegal activity that supports human trafficking. I am disgusted that anyone would defend a professional staff outing to a strip club. Good luck hiring the best and the brightest on that ticket.
Well said, 1Good.
It appears that maybe you have a personal stake in all of this? It is a matter of morals as well….the conference was not about strip clubs I am sure so “men”/”women” should be and act a little bit more grown up on a professional level while they are attending a medical conference.
It doesnt say anything about it being a stripping conference….Didnt we just have a field day with our govt. officials for their roles in legal prositution? While it was legal..did it make it right? NOT. just saying..
I certainly do NOT have a personal stake in any of this. I do not know any of the participants, and my employment at MMC ended long before Mr. O’Brien worked there. I do not need to be personally involved in a matter in order to make rational judgments and/or express my opinion. I find it telling that you do not question the personal participation or agenda of those who are morally indignant as a result of this half-story.
just sayin’ you are right on!
I didn’t see anything ‘juicy’ about it. And you are correct, “Americans have just as much right to feel, and do, as they wish on their free time, and char has her rights to state what she did about the Bible. It was their ‘free’ time, but in very, very poor taste.
We are not paying for this with our insurance premiums unless the tab was covered by the hospital. You can’t go around telling hospital workers where to spend their paycheck it causes you to lose credibility with your argument.
You also went overboard with the sex trade bit. Women work in these establishments on their on free will.
They may be working there on their own free will, but research reports that 60-80% of women who work in this industry have been victims of sexual abuse. Eating disorders, drug and alcohol abuse, and verbal harrassment by customers are rampant within the stripper population. All of this adds to the women’s lack of self esteem. No wonder she continues to work at a job where she is viewed as a naked body, and not much else, by perfect strangers. As a mother, I’m amazed and appalled by your obvious ignorance and laissez faire attitude towards an industry that could very well have snatched up a daughter of your own.
HUH?
No you are probably right. MMC probably did NOT pay for the strip club outtings. Instead, You did, I did, and every other citizen that goes to MMC and pay the outrageous costs of medical help pays for it…Either way it doesnt seem right.
Given the fact that the employees were going to a conference which was paid for by MMC, I think they should have foregone the strip club, simply as a matter of ethics. While it is true, they went on their own ‘free’ time, it is just in bad taste. Go on your ‘off’ work hours.
No, it may be done on one’s own free time, but anyone who’s been on a business trip knows that there are daily stipends for meals/entertainment and if any of this alottment (even if not spent on alcohol) was spent at the strip club, it most certainly DOES violate hospital ethics. I’m sorry, I’m not an advocate for strip clubs either (just think, it could be your daughter up there) but I also think people have a right to make their own decisions as to where to go. But during business trips it is not appropriate, and the Good ‘ol Boy’s Club is definately working here. And so what if there are women MMC employees who want to go to strip clubs? There are far more, as there are men, who choose not to partake. Any business-sponsored event where both men and women are expected to attend should not be exclusive in any portion-especially for events as gross as watching pathetic, desperate women dance half-naked for money.
I have to rebuff your statement that “anyone who’s been on a business trip knows that there are daily stipends for meals/entertainment”. You need to check your facts, hospitals are NOT allowed to reimburse for entertainment or alcohol due to Medicare regulations.
If you noticed in the parentheses, I said ‘even if not spent on alcohol’. And taking a business customer or prospective employee/resident to dinner is considered entertainment. So yes, that is included. I excluded alcohol and I did know my facts. not sure why you’re so hostile…
I am not hostile at all, just making sure people hear facts and not speculation or exaggeration. Maybe you are interpreting my posts as hostile due to your own feelings. To me, backing up one’s opinion is not hostile – sorry you feel it is.
I guess I didn’t care for the comment of “you need to check your facts” when actually, you either didn’t read all of what I said and/or misinterpreted my statement. I never stated that hospitals were allowed to reimburse for alcohol, but did state they are able to pick up the tab for client/prospective employees-which falls under the category of entertainment.
I apologize if I seemed abrupt. It is true that hospitals will pay for meals, but that is the extent of what they will reimburse that falls under “entertainment”. If Medicare will not reimburse for something, hospitals do not allow it on an expense report. That means no golf, no wining with the dining, and certainly no strip clubs. I think it is reasonable for a business to spring for a meal for certain clients and prospective employees – especially if those involved could bring much value to the business.
The part that is objectionable is the fact that it was organized by the administrators. When you cross from a bunch of juvenile males going to a strip club and doing stupid stuff to the bosses organizing it, there is a difference. They obviously felt strongly enough about it to spend time doing the logistics, etc.
The females were sent back to the hotel. In this day and age, things need to be finessed much better than these clowns did. Along with being very sexist, they were discriminatory and maybe, like O’Brien says, they retaliated.
If a college coach organized a strip bar visit for his over 18 players in college and then had a complaining player sit on the bench afterwards, I think the coach should be shown the light. If he doesn’t see it easily, maybe a lawsuit will bring him around. Same thing here. It is wrong for the bosses to plan something not everybody can join in. Way to divide your employees and set them against each other. Poor management as well as poor decision making.
I hope he wins. They dont own him.
This guy should get a life. Man-up.
i told my wife, if i am ever seriously injured, get me to a hospital in boston….DONT LET ME END UP IN A MAINE HOSPITAL with all these quack doctors
…….looks like i hav a point
and no doctors in boston go to strip clubs….. ok, and you believe a doctor that goes to a strip club is a quack,—–, your point may not be too far from the top of your head
Pitbull’s statement has more likes than yours heyrube. Does that tell you anything?
it tells me that some prefer to worry about someone elses life than they do about their aptitude
LOL WOW!
the deal is this, as long as they are on their own time and using their own money, its nobody elses business . I can’t believe some of these overly pious posters.
”
Puritanism: The haunting fear that someone, somewhere, may be happy. H. L. Mencken
“Shortly after the meeting began , [O’Brien] turned to Dr. MB and said, ‘so, [Dr. MB] what do you want to tell us about the lap dances at your conference?’ ”
O’Brien should have been fired for stupidity.
hopes to continue his employment at MMC. Good Luck with that, hospital’s are very political and that will not happen. One’s own time should indeed be their own and I bet, he was asked if he wanted to go not forced. Sounds like all were given the opportunity to go or return to their hotel. It is only entertainment, I for one do not see what the big deal is. O’Brian apparently wanted out with a big pay day.
Good old boy club.
Poor judgment perhaps, but if no company money paid for this outing on these people’s free time, then nothing should be done. No company has the right to dictate legal behavior on an employs free time. This isn’t a group that handles the president or is in charge of national security
No your right. It’s a group that handles peoples lives. Not as important I guess.
and explain how a doctor going to a strip club affects his qualifications–perhaps you best worry about the clergy, some don’t have very good records
The clergy? They don’t operate on my loved ones. And neither will doctors that I know make bad judgement calls.
oh please, they may not physically operate, but emotionally……………..
They do like to lay on the guilt trip but your reply is oh so weak.
the truth kinda bothering you?
Yes. Knowing how these medical professionals make these bad judgement calls. Knowing that the “good ole boy network” is alive and well. Knowing that this wasn’t a one time thing but an ongoing event. Yeah, I can honestly say that those truths bother me. Obviously from the news article those truths bothered MMC also.
not so obvious, the tattle tale ended up in the bat cave—-see why people don’t like religion forced on them–it’s their life laddie, not yours, thank god you don’t make decisions for everyone
Good for him for standing up to the schoolyard bullies. Religion has nothing to do with it. Maybe after another coffee brandy you’ll understand things more clearly.
“resident physician complained to a chief resident that her husband, who was also employed by MMC, was uncomfortable going to the strip club but felt he had no choice”
Of course that what he told his WIFE. “But honey, I had to go, I didn’t really want to”
her husband, who was also employed by MMC, was uncomfortable going to the strip club but felt he had no choice .– HaaHaa Good one!!!
I hope he gets his old job back if that is what he wants and his supervisor gets the boot . This sounds like harassment pure and simple . Very poor judgment on the part of the doctors who organized this. There is a lot of pressure in these things to participate when you view your career as somehow jeopardized by rocking the boat This man stepped up to the plate to stop this less than stellar behavior and got slammed for it. If he does not get his old job back with a new supervisor, I hope he gets a few million.
Yes, that strip club stuff was foolish, but the guy who whinged about it is a nutcase. Look at what he said when he brought the subject up at a department meeting with other doctors.
Come on….is his name really O’Brien???
Shame on MMC for allowing any of this to occur, including the well known organized strip club outing. Kind of like showing smut at a management club meeting. What were they thinking? or better yet, was anyone thinking? Obrien deserves a medal for reporting it and putting up with their childish actions of trying to get him to quit.
They should have gone to Lacassa in the shadow of Katahdin, next to the scenic Dolby landfill
And another thing, for those saying “their” premium money should not pay for things for which they do not approve. If you receive a service (say from an electrician), and pay for it, is the money still yours and do you have a say about how it is spent? Will you be outraged if your electrician uses the money to do something you disapprove of? Perhaps, but that is your problem. How is healthcare different? You got a service (healthcare), you or your insurance company paid for it. It’s not YOUR money anymore, it’s THEIR money, and you cannot dictate how they spend it. You are free to find a different electrician and a different hospital if you don’t like it.
Dumb
kinda like expecting that how a pastor spends his paycheck is subject to the approval of the congregation
Been to church lately?
so the congregation decides how the pastor spends his paycheck? not in any church I went to
Last church I went to the pastor made his finances common knowledge to the church members. Just an everyday bible church.
handle any snakes lately?
I don’t believe in organized religion. Don’t know what it has to do with medical professionals anywho.
Reading this story and the comments make me laugh. Having attended conferences for work they are treated just like any other work day, your hours are generally 8-6 and then you have free time in the evenings just as you would with your normal job. The fact that they wanted to do this after hours on their own free time is their choice. This O’brien guy sounds like somebody that got beat up alot in school.
Nothing is wrong here. The hospital didn’t fund this trip to the adult establishment, so no harm no foul. Would this have been any different if they wanted to oganize a trip to a ballgame and get drunk?
And that guy that told his wife he felt pressured to go was probably getting lap dances in the backroom all night.
I won’t be going to that hospital. That’s for sure. I like my doctors to be mature.
And you know everything your doctors do on their free time and in their private lives? I think not. I doubt very many people knew about these particular doctors going to strip clubs before this story came out.
People know now! Don’t they? They made immature, immoral decisions. They have bad judgement. Now I can make a more informed decision. I choose not to use that hospital. Simple as that. It doesn’t take a rocket scientist to figure that one out. They just lost business. I’m sure I’m not the only one that will steer away from that hospital.
thats ok, i know people that will go there now , you know , the people that don’t like sanctimonious people
What do you want? A gold medal? Hmmmmmm Comparing doctors to clergy….wow! Did you know you could become a legally ordained minister over the internet for free? Can I get my PHD the same way?
i assumed that where you got yours
Do you know what happens when you ASSume? Evidently not.
you should know, you’re the one that starting making assumptions regarding doctors personal lives and their qualifications
All I have to say to you. Cuz I don’t have anymore time to waste is….You Can’t Fix Stupid
several of your friends tell you that?
I’m not your friend and I said it to you.
I like mine to be competent.
{ Oh! But Honey, I didn’t want to go! Honest! }
{ They Dragged me out! }
Yeah! I tryed that!
It Didn’t work for me either!
What people do on their own time & with their own money, may be tasteless, may be morally objectionable to some, but in the end, is their business. And being a physician has nothing to do with it, nor do their professional skills have anything to do with lap dancing. Personally I find it tasteless, but as long as they are not doing it on hospital time /money, they have the right. Doctors are only human, as are we all.