Ann Jenkins v. Mercy Hospital Rogers

Summary

The court affirmed dismissal of Jenkins’s fraud and wrongful-termination claims because Mercy’s nondiscrimination statements were aspirational, did not create a contractual restriction on at-will termination, and did not establish a statutory public-policy exception. The court reversed dismissal of the Arkansas Civil Rights Act claim because Jenkins was not judicially estopped from amending her allegation about Mercy’s religious status, and the pleadings did not establish whether Mercy qualified for the religious-organization exemption. The court remanded for further proceedings on that claim without reaching the constitutional challenges or waiver argument.