Cite as 2010 Ark. 432
that Johns served as her primary care physician and hired her to work as a nurse for PMS. Johns also served as her supervisor during her employment at PMS.
Calaway alleges that she suffered a hostile working environment at PMS based on sexual harassment by Johns, that she reported Johns's behavior to an office manager, and that Johns terminated her employment immediately after he learned that she had complained about his conduct. Calaway further alleges that, after her termination, Johns filed a complaint with the Arkansas Nursing Board, falsely claiming that she had submitted unauthorized prescriptions to pharmacies, and he cancelled all remaining refills on medications that he had prescribed for Calaway, without notice or explanation.
On January 27, 2009, Calaway filed a lawsuit in federal district court against PMS and Johns, asserting claims for hostile environment and retaliation under Title VII of the Civil Rights Act of 1964 and supplemental state-law claims for retaliation against PMS and Johns under the anti-retaliation provision of the ACRA, Arkansas Code Annotated section 16-123-108(a).
Johns asserted that Calaway's claims against him individually under Title VII and the ACRA must be dismissed because a supervisor cannot be held personally liable under either statute. Calaway has acknowledged that Johns is not subject to individual liability under Title VII; however, she maintains that a supervisor sued in his individual capacity for retaliation prohibited under Arkansas Code Annotated section 16-123-108(a) is subject to personal liability under the ACRA.
