Sherry C. Faulkner v. Arkansas Children’s Hospital; Bonnie Taylor, M.d.; Michelle Moss, M.d.; Lorrie Baker, R.n…

Summary

The Arkansas Supreme Court affirmed the circuit court's Rule 12(b)(6) dismissal of all six of Sherry Faulkner's claims against Arkansas Children's Hospital and four of its medical employees. The court held that the Arkansas Civil Rights Act, by its plain language, covers only persons presently suffering a disability and creates no cause of action for one merely 'regarded as' disabled, refusing to import the ADA's 'regarded as' prong. It further held that the defamation claim failed because Faulkner pled only conclusions of reputational damage (defamation per se being abolished), that the alleged workplace conduct was not outrageous as a matter of law, that tortious interference and civil conspiracy failed because the individual defendants acted within the scope of their employment and no third-party contract was interfered with, and that ACH's grievance procedure did not alter Faulkner's at-will status or shield her from reassignment. No separate opinions were filed.