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Wednesday, September 16, 2026

Outbursts Did Not Establish Sexual Harassment - SHRM

Takeaway: The appeals court noted that the defendant had taken steps to protect the plaintiff from continuing harm. By creating the safety plan, the defendant had sought to address her claims of harassment.

A hospital technologist did not establish sexual harassment based on angry outbursts against her by a male doctor, the 8th U.S. Circuit Court of Appeals recently ruled.

The plaintiff was a staff radiological technologist for Baptist Health at its North Little Rock, Ark., location. She regularly worked in the catheterization laboratory with doctors from Arkansas Cardiology PA, who provided interventional cardiology services for Baptist Health. She worked with two of their doctors, among others.

In March 2019, the plaintiff began documenting incidents between herself and one of the two doctors. During the period from March through November 2019 she claimed that the doctor:

  • Was angry with her when an X-ray tube froze up.
  • Ignored her statement to him that a patient's family was not present and asked a male co-worker about the patient's family instead.
  • Told her not to make fun of him when she made a comment to him.
  • Spoke to her in an accusatory tone when he asked whether she had answered his phone during a procedure.
  • Looked frustrated with her for taking too long to prepare a patient and made derogatory statements to her about prepping a patient.
  • During a procedure, threw a used syringe past her onto a patient's groin, screamed at her and threatened to report her.

The...



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